6 Charlotte Court Branston Road Burton on Trent DE14 3TW: BIR/41UC/MNR/2025/0802 BIR/41UC/MNR/2025/0802
REASONS
[1]The Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £650 per calendar month(pcm) in place of the existing rent of £575 pcm to take effect from 27 September 2025.[2]On 24 September 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 commenced on 27 May 2023. 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.[7]The rent determined is exclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent[8]None. Inspection/Hearing[9]Neither party requested an inspection or a hearing.[10]The Tribunal considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise. The Property[11]The Property is a terraced house and provides the following accommodation: Internal: Living room/ kitchen, bathroom, and 1 bedroom. Outside: Garden. Evidence[12]Neither the Tenant nor the Landlord returned completed Reply forms. The Tenant[13]The Tenant submitted an email dated 24 September 2025 detailing her financial and personal circumstances and referred to some areas of disrepair in the bedroom and a cracked kitchen window that has not been repaired since 2020. The Landlord[14]The Landlord submitted the various inspection reports that were undertaken and details of the following comparable evidence: Fleet Street Burton – 1 bed flat at £775pcm Fleet Street Burton – 1 bed flat at £775pcm Scala House Fleet St Burton – 1 bed flat at £775pcm Scala House Fleet St Burton – 1 bed flat at £775pcm Scala House Fleet St Burton – 1 bed flat at £ 725pcm Uxbridge Street Burton – 1 bed flat at £700pcm Charlotte Court Burton – 1 bed flat at £695pcm Jubilee Court All Saints Road Burton – 1 bed flat at £650pcm Determination and Valuation[15]The Tribunal had regard to the submissions and evidence and to its own expert general knowledge of rental values in the area.[16]The Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £650pcm. 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 other properties that are offered to let in the market.[17]The Tribunal found it necessary to make an adjustment for the condition of the Property compared to the evidence.[18]The Tribunals full valuation is shown below: Starting Rent £650.00pcm Less Adjustments for condition £25.00 Market rent £625.00 pcm 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 did not make an application in this respect. Decision[21]Therefore, the Tribunal determines the market rent at £625 per calendar month with effect from 27 September 2025. 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.