2A Gloucester Road, Chesterfield S41 7EH:BIR/17UD/MNR/2026/0118 BIR/17UD/MNR/2026/0118
REASONS
[3]On 17 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £875.00 per calendar month(pcm) in place of the existing rent of £850.00 pcm to take effect from 10 April 2026. On 12 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. The assured tenancy commenced on 10 December 2024 for a term of 12 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]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 has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise. The Property[10]The Tribunal did not inspect the Property. The Property is a two storey, semi-detached house, offering the following accommodation: Living room, kitchen, three bedrooms, and bathroom. Outside: Outbuilding and large garden. The Property benefits from gas central heating and double glazing. The Property is situated in the Newbold area of Chesterfield within close proximity of amenities, and just to the north of Chesterfield City Centre. 2 Evidence[11]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[13]The Tenant made the following comments: a) b) c) The house is not in great condition and some repairs are outstanding. Already in debt and currently suffering from mental stress and fatigue. Although current rent is £850 pcm, they only pay £650 and the Landlord sorts the rest. In terms of rental evidence, the Tenant provided no evidence but suggested that the market rent was between £650 and £700 pcm. The Landlord[16]The Landlord provided some commentary on the local market, including reference to properties that had let for between £888 and £937 pcm. They specifically referred to a two bedroom property being marketed recently in Gloucester Road at £850 pcm and considered this to be a direct comparable. The Landlord made no comment as to why they only received £650 of the current rent. The following comparables were provided by the Landlord, but no commentary was provided as to their comparability: a) b) c) d) Flamstead Crescent, Chesterfield. 3 bedroom semi-detached house. This is let at £995.00 pcm. Chantrey Avenue, Chesterfield. 2 bedroom semi-detached house. This is let at £850.00 pcm. Gloucester Road, Chesterfield. 2 bedroom semi-detached house. This is let at £895.00 pcm. Flamstead Crescent, Chesterfield. 2 bedroom semi-detached house. This is let at £850.00 pcm. Determination and Valuation[18]Due to the lack of detail, the Tribunal considers the comparables provided by the Landlord to be of limited evidential value. The Tenant made no rental submission. Relying on its own expert, general knowledge of rental values in the area, and to a limited degree 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 £875.00 pcm. This is the rent we would expect the 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. 3[19]From this level of rent, the Tribunal has made no adjustments, as no evidence was provided. Market rent Undue hardship £875.00 pcm[20]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.[23]The Tenant has asked the Tribunal to fix a later starting date in this case. They say they will otherwise be caused undue hardship because they are already in debt, they do not pay the full rent currently and all living expenses and generally increasing. However, no evidence was provided. The Landlord did not respond to the Tenant’s application for postponement due to hardship. As a result of our decision the rent will increase by £25 a month. The date specified in the landlord’s notice was 10 April 2026. On the basis that no evidence was provided by the Tenant, the Tribunal does not consider that there would be undue hardship and accordingly sets the starting date for the new rent as 10 April 2026. Decision[24]Therefore, the Tribunal determines the market rent at £875.00 per calendar month with effect from 10 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. 4