216 Ruxley Road, Stoke-on-Trent, ST2 9BN BIR/00GL/MNR/2025/0623
REASONS
[1]The rent is determined at £800.00 (Eight Hundred Pounds) per calendar month from 8 March 2025. REASONS[3]2 The tenants, Azeem Nawaz and Zunaira Khalid, hold a monthly assured tenancy of No.216 Ruxley Road, Stoke-on-Trent, ST2 9BN which is a three bedroom terraced house. The tenancy commenced on 8 December 2022 at an initial rent of £675 pcm for the first six months. By January 2025 the rent had increased to £710 pcm.[4]3 On 31 January 2025 the landlord served notice of increase under section 13(2) of The Housing Act 1988 proposing an increase to £850.00 pcm to take effect on 8 March 2025. The rent did not include any Council Tax, water rates or service charges.[5]4 On 7 March 2025, Mr Nawaz on behalf of the tenants, applied for the rent to be determined by the First-tier Tribunal (Property Chamber).[6]5 The Tribunal has considered the case based on the evidence submitted by the parties together with its own knowledge, experience and online research. Neither party requested a hearing.[9]'(1) Where, under subsection (4)(a) of section 13 above, a tenant refers to a rent assessment committee a notice under subsection (2) of that section, the committee shall determine the rent at which, subject to subsections (2) and (4) below, the committee consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy -[10](a) which is a periodic tenancy having the same periods as those of the tenancy to[12](b) which begins at the beginning of the new period specified in the notice;[13](c) the terms of which (other than relating to the amount of the rent) are the same as[14]those of the tenancy to which the notice relates;...'[15]'(2) In making a determination under this section, there shall be disregarded -[16](a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant;[17](b) any increase in the value of the dwelling-house attributable to a relevant[18]improvement carried out by a person who at the time it was carried out was the[20](i) was carried out otherwise than in pursuance of an obligation to the[23]7 The Tribunal has not inspected the property and relies on the evidence submitted by the parties and online research.[25]8 The property comprises a terraced house with living room, three bedrooms, kitchen and bathroom. It has a private garden accessed via a shared alley.[26]9 The house has central heating, double glazing, carpets, curtains and white goods provided by the landlord, but is otherwise let unfurnished.[32]a) the Tenant had never requested any repairs or improvements.[34]c) in February 2024 the former Managing Agents reported mould in the property[35]which was said to be due to the Tenants' inadequate use of heating and ventilation.[36]The Landlord had arranged for it to be professionally cleaned at the time.[37]d) the Landlord considered the requested rent of £850 pcm to be fair and helpfully[38]provided a detailed schedule of 22 comparable rents of terraced houses in Stoke-[39]on-Trent and the surrounding area, ranging from £700-£950 pcm. Decision[40]12 The Tribunal noted the variety of rents offered in evidence but having paid particular attention to the rents of three bedroom terraced houses in the schedule, together with its own knowledge and experience, found the Market Rent to be £800 pcm at the effective date of 8 March 2025.[41]13 Accordingly, the Tribunal determines the rent under section 14 of The Housing Act 1988[42]at £800.00 (Eight Hundred pounds) pcm with effect from 8 March 2025.[46]If either party is dissatisfied with this decision an application may be made to the Upper Tribunal, Property Chamber (Residential Property) on a point of law arising from this Decision only. Prior to making such an appeal, an application must be made, in writing, to the Tribunal for permission to appeal. Any such application must be received 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 on which it is intended to rely in the appeal.