Mr G Freckelton FRICSMrs K BentleyDate 2 July 2025Property: 9 Stag Road, Birmingham B16 0QHType of application: Determination of a Market Rent Sections 13 & 14 of the Housing Act 1988
DECISION
The Tribunal determines a rent of £1,350.00 per month with effect from 2nd July 2025. ____________________________________
REASONS
[1]On 19th January 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,500.00 per month in place of the existing rent of £1,000.00 to take effect from 18th March 2025.[2]On 8th March 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. Inspection[3]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. Evidence[4]The Tribunal has considered the written submissions provided by the Tenant and the Landlord. From the information provided it appears that the subject property is a semi-detached house comprising living room, kitchen, three bedrooms and three bathrooms (one en-suite). The property has central heating and is double glazed. There are gardens and a garage.[5]The tenant submits that they have changed the living room carpets from carpets to laminate and replaced the upstairs landing carpets. They have re-tiled the bathroom and carried out works to the garden including shelving to the garage. They have paid for furniture and white goods.[6]The Landlord submits that the property is a new-build and that changes carried out by the Tenant are without the Landlord’s consent. Any repairs have been undertaken promptly and previous rent increases have been in line with market conditions. Determination and Valuation[7]Having considered the comparable evidence proved by the parties and of our own expert, knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £1,450.00 per month. From this level of rent we have made adjustments in relation to: a) White goods fitted by the Tenant. b) Tenant decorating liability[8]The full valuation is shown below: Market Rent £1,450.00 per month Less a) Items given under a) above £28.00 b) Decorating liability @ 5% say £72.00£100.00£100.00 Say £1,350.00 Decision[9]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 £1,350.00 per month with effect from 2nd July 2025. Hardship[9]The Tenant raises hardship in their submissions and accordingly, the Tribunal directs the new rent of £1,350.00 per month is to take effect from 2nd July 2025, rather than the date set out in the Landlord’s Notice of Increase. Chairman: G S Freckelton FRICS Date: 2nd 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. First-tier Tribunal – Property Chamber File Ref No. BIR/OOCN/MNR/2025/0625 Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination) Housing Act 1988 Section 14 Address of Premises The Tribunal members were 9 Stag Road Birmingham B16 0QH Mr G S Freckelton FRICS Mrs K Bentley Landlord Sukvinder Samra Address 82 Rotten Park Road Birmingham B16 0LH Tenant Fadiya Mohammed[1]The rent is: £1,350.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)[2]The date the decision takes effect is: 2nd July 2025[3]The amount included for services is/is not applicable N/A Per Date assured tenancy commenced 18/03/2024 Length of the term or rental period 12 Months[6]Allocation of liability for repairs Landlord and Tenant Act 1985[7]Furniture provided by landlord or superior landlord None[8]Description of premises A semi-detached house comprising 1 living room, kitchen, three bedrooms, 3 bathrooms (1 en-suite). Double glazing. Gas central heating. Gargens and garage. Chairman G S Freckelton FRICS Date of Decision 2nd July 2025