Gianni Paolucci & Kim GregoryApplicantLockinson Properties LimitedRespondentGianni Paolucci & Kim GregoryTenantLockinson Properties Limited c/0 833 Eccleshall RoadLandlord
Before
Mr G S Freckelton FRICS (Chairman)Mr R PriceDate 6 August 2026Property: Holmewood Chesterfield S42 5TBType of application: sections 13 & 14 of the Housing Act 1988 Mr G S Freckelton FRICS (Chairman)
REASONS
[1]On 26 May 2026, the Landlord served a notice under Section 13 (2) (as amended) of the Housing Act 1988 which proposed a new rent of £1,150.00 per calendar month(pcm) in place of the existing rent of £1,100.00 pcm to take effect from 25 August 2026.[2]On 27 May 2026, under Section 14 (A3) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of an open-market rent.[3]The tenancy commenced on 25 July 2025. 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[9]The Tenants are 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.[10]None. Hearing[11]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. The Property[12]The Property is described by the tenants in their application form as being a detached house although looking at the photographs provided it appears to the Tribunal that it is a bungalow. It is understood to offer the following accommodation: Hall, living room, dining room, conservatory, kitchen, two bedrooms and bathroom. Outside: Front and rear gardens. Garage. The Property benefits from full central heating and double glazing. The floors have laminate/vinyl or carpet coverings. Evidence[14]The parties completed the relevant MR1 (tenant) and MR2 (landlord). The Tenant.[15]The Tenants made the following comments: a) That they considered the rent should be £1,000.00 pcm. b) Evidence from websites such as Zoopla indicated that the market rent is lower than that proposed. c) A rental assessment from ‘Get On The Market’ indicated a rental value between £642.00-£991.00 per month. d) The rent proposed is above the LHA which means that the tenant’s Universal Credit housing element does not cover the entire cost of the rent. e) Photographs of the property were submitted. f) A copy of the LHA assessment was submitted indicating that payment towards the rent was limited to £450.00 per person. The Landlord[16]The landlord submitted: a) That the proposed rent increase was recommended by the letting agent (William H Brown). b) The proposed increase was below inflation and at or below current market rates. c) The property is situated on a desirable street. d) Prior to marketing they sought rental valuations from three letting agents. e) A copy of a ‘Best Price Guide’ provided by Rightmove was submitted with details of four, three-bedroom detached or semi-detached houses at marketing rentals ranging from £1,100-£1,250 pcm. Determination and Valuation[17]The Tribunal considers that although the comparables proved by the landlord are a useful indication they are not direct comparables and therefore of limited assistance. The Tribunal appreciates that there is a limited supply of bungalows on the market and that this has an impact on their rental value.[18]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 rent of the subject Property modernised and in good order would be in the order of £1,150.00 pcm. This is the rent we would expect the property to let for in the open market at the valuation date. Decision[19]The Tribunal determines the new rent amount at £1,150.00 per calendar month with effect from 25 August 2026 which is the date on the landlords Notice of Increase and the beginning of the first new period of the tenancy which begins on or after the date of the determination. 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.