41 Laceyfields Road Langley Derby DE75 7HJ: BIR/17UB/MNR/2026/0026 BIR/17UB/MNR/2026/0026
REASONS
[1]On 5th January 2026 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £762.00 per month in place of the existing rent of £700.00 to take effect from 14th March 2026.[2]On 16th January 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 14th March 2025 for a term of twelve 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 curtains and white goods specified below) and the costs relating to the same.[5]None. 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 oral hearing. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research.[9]Based on the information provided to it, the Tribunal understands that the property comprises of a semi-detached house, offering the following accommodation: Ground Floor: Living room and kitchen. First Floor: Two bedrooms and bathroom. Outside: Front forecourt and rear garden. Based on internet mapping the property appears to be double glazed. There is understood to be gas fired central heating. It is understood that white goods are provided by the Tenant and that carpets and curtains are provided in part, by both Landlord and Tenant. The Property is situated in an established residential area. Evidence[10]The Landlord has completed the Tribunal Reply Form and has made submissions. No written submissions were provided by the Tenant except to state in the Application that the rear garden was full of the Landlord’s waste.[11]Directions were issued on 10th February 2026. On 27th February 2026 the Landlord applied to the Tribunal for a Case Management or Other Interim Order.[12]The Landlord submits that when the property was inspected in July 2025 it was noted to be in generally fair to good condition. A copy of the inspection report was submitted to the Tribunal with photographs showing the property to be in good general condition.[13]The Landlord submits the following comparable evidence: a) A three-bedroom terraced house in Sedgwick Street, Langly Mill, Derbyshire offered at £850.00 per month. The property had been let. b) A three-bedroom terraced house on Woodbridge Close, Heanor Derbyshire offered at £850.00 per month. This property was noted to be more modern than the subject property. The property had been let. c) A three-bedroom terraced house in Peel Street, Langley Mill, Derbyshire offered at £800.00 per month. The property had been let. d) A three-bedroom terraced house in Breach Road, Heanor offered at £800.00 per month. The property had been let.[14]The Tribunal considered the written submissions provided by the parties. It was noted that all the comparables provided by the Landlord were for three-bedroom houses whereas the subject property has only two bedrooms. Determination and Valuation[15]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £800.00 pcm. This is the rent we would expect this property to let for in the open market if it was in the same general condition as the comparable properties including having white goods and curtains provided by the landlord.[16]From this level of rent we have made adjustments in relation to: a) Some curtains and carpets fitted by the Tenant. b) White goods provided by the tenant. c) Landlord’s waste left in rear garden.[17]The full valuation is shown below: Market Rent £800.00 Less a) Items given under a) above £15.00 b) Items given under b) above £20.00 c) Items given under c) above £15.00 £50.00 £750.00 Decision[18]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 £750.00 per month with effect from 14th March 2026. Undue Hardship[19]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.[20]The Tenant has not asked the Tribunal to fix a later starting date in this case. Chairman: G S Freckelton FRICS Date: 30th April 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.