Flat 2, 1 Waterloo Terrace, Bridgnorth, WV16 4EG: BIR/00GG/MNR/2025/0739 BIR/00GG/MNR/2025/0739
REASONS
[1]On 23 April 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £485.00 per calendar month(pcm) in place of the existing rent of £440.00 pcm to take effect from 1 June 2025.[2]On 29 May 2025, 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 had commenced on 8 May 2009 for an initial term of six months. The rental period is monthly. 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 curtain and white goods specified below) and the costs relating to the same[5]n/a 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]n/a Inspection/Hearing[8]Neither party requested an oral hearing and the Tribunal did not carry out an inspection. The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise. The Property[9]The Property is a second floor flat above a commercial premises, offering the following accommodation: Landing, lounge with kitchenette, one bedroom, one bathroom with washbasin and bath (with shower attachment) and separate w.c. off landing area. The Property benefits from heating via electric heaters and a towel rail in the bathroom. The Property is situated in the centre of Bridgnorth town centre within close proximity of amenities. Evidence[10]The Landlord’s Representative returned the Tribunal’s Reply form on behalf of the Landlord and also provided a plan of the Property and comparable evidence of similar property lettings. The Tenant[11]The Tenant made the following comments in the application form: a) The Tenant confirmed that they had changed all of the light bulbs to new efficient LED bulbs. b) The Landlord was responsible for all repairs. The Landlord[12]The Landlord’s representatives made the following comments: a) The Property was in good condition. b) The Property benefitted from a built-in chrome electric hob and single oven in the kitchen area. c) The bedroom and living areas were carpeted, with vinyl flooring in the kitchen area, the bathroom and in the separate w.c. d) Permit parking was available to purchase from the local council.[13]The Landlord’s Representative provided details of a range of properties they stated were comparable. The most expensive to rent was a one-bedroom apartment in West Castle Street, newly refurbished with communal gardens previously advertised to let at £775.00 pcm; the least expensive was a one bedroom first-floor flat in Linley View Drive, fully electric, with a bath and shower, parking and gardens, previously advertised to let at £575.00 pcm. Determination and Valuation[14]The Tribunal considered the comparables provided by the Landlord were relevant, however, as they were not directly comparable to the Property, adjustments were required.[15]These included the desirable location of the Property (being in the centre of Bridgnorth) but the lack of any garden or inclusive parking; the fact that the Property only comprised a kitchenette rather than a separate kitchen; the lack of double glazing and central heating (compared to some of the comparables provided) and the fact that the w.c. was separate from the bathroom and was accessed directly from the landing.[16]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord, but taking into account the above, the Tribunal considers that the market rental of the subject Property would be £485.00 pcm. Market rent £485.00 pcm Undue hardship[17]The Tenant provided no evidence of undue hardship. Decision[18]The Tribunal determines the market rent at £485.00 per calendar month with effect from 1 June 2025 (the start date in the Landlord’s Notice). 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 (Rule 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.