21 Sunset Close, Polesworth, B78 1LX: BIR/44UF/MNR/2025/0754 BIR/44UF/MNR/2025/0754
REASONS
[1]On at date which the Tribunal is unable to determine, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,450.00 per calendar month(pcm) in place of the existing rent of £925.00 pcm to take effect from 1st July 2025. The Tenant submits that the existing rent is £650.00 pcm.[2]On 25th June 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 1st May 2023 for a term of 2 years. 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 inspection or an oral hearing. On 22nd October 2025, the Tenant emailed the Tribunal confirming they wished the matter to be discontinued as they vacated the property on 11th July 2025.[9]On 2nd December 2025, the Landlord objected to the Tenant’s request on the basis that there was outstanding rent. On 21st January 2026, the Tribunal sent an email to the parties confirming that it intended to proceed and determine the matter. The parties were given 14 days to comment on this decision but no comments were received.[10]In their original application the Tenant submitted that the Notice of Increase was invalid. On 29th September 2025, the Tribunal issued Directions confirming that if the Tenants wished to pursue that assertion, they would need to make an application to the County Court and that our proceedings would only be suspended if such an application was made. The Tribunal has received no correspondence to indicate that such an application has been made.[11]The Tribunal has therefore considered this case on the basis of the limited information provided to it, the papers provided by the parties and its own knowledge and specialist expertise. The Property[12]Neither party has completed the reply form sent to them by the Tribunal. Based on internet mapping the property appears to be a detached house with garage. The Landlord has submitted comparables for two, 3-bedroom detached houses so the Tribunal assumes, in the absence of information to the contrary that the subject property has 3 bedrooms and benefits from central heating and double glazing. Evidence[13]Neither the Tenant or the Landlord returned the Tribunal’s Reply forms. The Tenant.[14]The Tenant made no material comments in respect of the rental value of the property but did make submissions regarding a claim for possession, the lack of a valid gas safety certificate and sewage smells due to a faulty toilet at the property. There were also allegations that the Deposit was not properly protected. As such, the Tenant submitted that the Notice of Increase was invalid. The Tribunal has already dealt with this matter (paragraphs 9, 10 and 11 above).[15]In terms of rental evidence, the Tenant provided no evidence. The Landlord[16]The following comparables were provided by the Landlord: a) High Street Polesworth – a three-bedroom detached house offered at £1,500.00 pcm. b) Dordon Road Tamworth – a three-bedroom detached house offered at £1,500.00 pcm. Determination and Valuation[17]Based on the limited information provided to it, and 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 £1,450.00 pcm. This is the rent we would expect the property to let for in the open market on the normal letting conditions associated with this type of tenancy. In the absence of relevant submissions from the parties the Tribunal has not made any adjustments to the rental. Decision Therefore, the Tribunal determines the market rent at £1,450.00 per calendar month with effect from 1st July 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.