21 Flyingdale Way, Wollaton, Nottingham, NG8 2TH: BIR/00FY/MNR/2026/0071 BIR/00FY/MNR/2026/0071
REASONS
[1]On 27th February 2026 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £106.12 per week in place of the existing rent of £98.12 to take effect from 6th April 2026.[2]On 20th March 2026, under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent.[3]The assured tenancy commenced on 12th June 2006 for a term of six months. The rental period understood to be weekly. Allocation of Repairs between Landlord and Tenant.[4]As per section 11 of the Landlord and Tenant Act 1985. Services Charges or furniture provided by Landlord (other than carpets and curtains and white goods specified below) and the costs relating to the same.[5]The rent included a fixed service charge of £14.94 per week in place of the previous service charge of £11.11. Liability for Council Tax[6]The Tenant is responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent.[7]None. Inspection/Hearing[8]Neither party requested an inspection or an oral hearing. The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise.[9]Based on the papers provided the Tribunal understands that the property is a bed-sit comprising of bedsitting room, kitchen, bathroom and store. There is double glazing and electric storage heaters. Evidence[10]The Tribunal has considered the written submissions provided by the parties:[11]The tenant submits: a) That one of his neighbours informed him that he was paying £437.00 per month (the Tribunal calculates this to be £100.85 per week). b) Due to the cost of living the increases places too much of a financial burden.[12]The landlord did not make any submissions. Determination and Valuation[13]Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the market rental of the subject Property would be in the order of £106.12 per week including services of £14.94 per week. This is the rent we would expect the property to let for in the open market. Undue Hardship[14]The new rent takes effect from the date specified in the Landlord’s Notice of Increase unless that would cause undue hardship to the tenant. In cases of undue hardship, the Tribunal has a discretion to fix a later starting date up to the date a Tribunal makes its determination.[15]The Tenant has asked the Tribunal to fix a later starting date in this case. He says he will otherwise be caused undue hardship because due to the cost of living which is unlikely to improve, ’the rent increase places too much burden to manage his financial situation’.[16]The Landlord did not respond to the Tenant’s application for postponement due to hardship.[17]As a result of our decision the rent will increase by £8.00 per week including service charge. The actual occupational rent increases by £4.17 per week, the remainder being an increase in the service charge.[18]The tenant provides no information or evidence in respect of his financial position or income but only makes a statement to say he will suffer hardship. The Tribunal therefore considers that for the increase to take effect from the date in the Landlord’s Notice would not cause undue hardship. Accordingly, the rent will commence on 6th April 2026, being the date in the landlord’s notice. Decision[19]The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy was £106.12 per week including £14.94 per week service charge with effect from 6th April 2026. Chairman: G S Freckelton FRICS Date: 7th July 2026 APPEAL PROVISIONS If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.