102 Roselands Avenue Coventry CV2 1DU: BIR/OOCQ/MNR/2026/0105 BIR/OOCQ/MNR/2026/0105
REASONS
[8]On 4th March 2026 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,280.00 per month in place of the existing rent of £1,130.00 per month to take effect from 9th May 2026. On 6th April 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 29th September 2018 for a term of 12 months. The rental period is monthly. Allocation of Repairs between Landlord and Tenant. 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. None. Liability for Council Tax 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. None. Inspection/Hearing Neither party requested an inspection or 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. 2[9]The Property is understood to be a semi-detached house, offering the following accommodation: Ground Floor: Hall, living room, kitchen, W.C, store. First Floor: Two bedrooms, bathroom. Second Floor: one bedroom, bathroom. Outside: Rear garden. Car parking space to the front. The Property benefits from central heating and double glazing. Evidence[10]The tenant submits: a) That the proposed rent is above the market rent for similar properties in the CV2 postcode. b) That similar properties are typically advertised between £1,100.00 - £1,200 pcm. c) The proposed increase is a significant rise. d) The tenant submitted photographs of the subject property.[11]The Tribunal received details of comparable evidence including: a) Hillmorton Road, Coventry – a semi-detached house with three bedrooms and two bathrooms offered at £1,250.00 pcm. b) Spirit Walk, Coventry – a semi-detached house with three bedrooms and one bathroom offered at £1,250,00 pcm. c) Maytree Walk, Coventry - a semi-detached house with three bedrooms and two bathrooms offered at £1,250.00 pcm. d) Old Church Road, Coventry – an older style semi-detached house with three bedrooms and two bathrooms offered at £1,150.00 pcm. e) Kentmere Close, Coventry – an older style semi-detached house with three bedrooms and two bathrooms offered at £1,150.00 pcm.[12]In response to the landlord’s submission the tenant submitted that he did not agree that the proposed rental was fair and that a number of the comparables submitted materially differed from the subject property.[13]The Tribunal has considered the written submissions provided by the Tenant and the Landlord. 3 Determination and Valuation[14]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the parties the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £1,225.00 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. Decision[15]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 £1,225.00 per month with effect from 9th May 2026. Undue Hardship[16]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.[17]The Tenant has asked the Tribunal to fix a later starting date in this case. He says he will otherwise be caused undue hardship because he has a child with Downs syndrome which places additional care and financial responsibilities on the household. At times he has to rely overdrafts, loans and credit cards to cover essential expenses. An increase in rent would make it significantly more difficult to meet basic living costs.[18]The Landlord did not respond to the Tenant’s application for postponement due to hardship.[19]As a result of our decision the rent will increase, although not by as much as the landlord proposed. However, the increase is such that it will still be of significance to the tenant. The date specified in the landlord’s notice was 9th May 2026. On the basis of the evidence supplied by the Tenant, the Tribunal considers that for the increase to take effect from the date in the Landlord’s Notice would cause undue hardship and accordingly sets the starting date for the new rent as 17th June 2026. Chairman: G S Freckelton FRICS Date: 17th June 2026 4 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. 5