Mr G S Freckelton FRICSMrs K BentleyDate 7 August 2025Property: 4 Phoenix Street Wolverhampton WV2 3JTType of application: Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
DECISION
The Tribunal determines a rent of £800.00 per month with effect from 28th April 20254 ____________________________________
REASONS
[1]On 26th February 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £825.00 per month in place of the existing rent of £750.00 to take effect from 28th April 2025.[2]On 7th 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 landlord and the tenant.[5]From the information provided it appears that the subject property is a mid-terraced house, briefly comprising of two living rooms and kitchen on the ground floor. On the first floor the landing leads to three bedrooms and a bathroom. There is also a store. The property is understood to have double glazing and gas fired central heating.[6]Carpets are understood to be provided by the landlord. Curtains and some white goods are provided by the tenants.[7]Extensive submissions have been provided to us dealing with numerous matters from repairs and previous Tribunal Decisions to an earlier Court Hearing. Not all of these are relevant to our decision.[8]There are allegations and counter allegations regarding the condition of the property. There are also submissions from the landlord regarding works completed since they inherited the house in 2016 but having considered these, the Tribunal considers them to be in the nature of ongoing general maintenance and repair.[9]Based on the submissions received it is evident to the Tribunal that the property would benefit from ongoing maintenance and upgrading. In particular there is a Structural Engineers Report which confirms that there is evidence of some movement to the property together with attention being required to defective rendering and works to areas of the roof. It appears to the Tribunal that there is also evidence of water ingress.[10]It is clear to the Tribunal that the property is generally poorly presented and that the kitchen and bathroom are not of a modern standard. The Tribunal is not persuaded that the tenants have made any significant improvements to the property which merits any adjustment in the Tribunal’s determination of the market rental.[11]The landlord submitted numerous examples of ‘comparable properties’ marketed on Rightmove which the Tribunal have considered. Determination and Valuation[12]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 £1,100.00 per month. From this level of rent we have made adjustments in relation to: a) Condition 1) Cracking to rendering and water ingress 120.00 2) Dated kitchen and bathroom 65.00 3) Roof overhaul/replacement required 80.00 Total £265.00 b) Curtains and white goods fitted by the tenant. £35.00[13]The full valuation is shown below: Market Rent £1,100.00 per month Less a) Items given under a) above £265.00 b) Items given under b) above £ 35.00£300.00 Rent £800.00 per month Decision[12]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 £800.00 per month with effect from 28th April 2025. Chairman: G S Freckelton FRICS Date: 7th August 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/OOCW/MNR/2025/0648 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 4 Phoenix Street Wolverhampton WV2 3JT Mr G S Freckelton FRICS Mrs K Bentley Landlord Manjit Jutta & Perminder Chana Address c/o Royston & Lund 568 Penn Road Wolverhampton WV4 4HU Tenant Jasbir Singh Ubhi, Daljit Kaur Ubhi, Parvin Ubhi and Aaronveer Singh Ubhi[1]The rent is: £800.00 Per month (excluding water rates and council tax but including any amounts in paras 3)[2]The date the decision takes effect is: 28th April 2025 The amount included for services N/A Per Date assured tenancy commenced 28th April 2025 Length of the term or rental period Periodic[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 mid-terraced house comprising two living rooms, kitchen, three bedrooms and bathroom. Gas central heating and double glazing. Chairman G S Freckelton FRICS Date of Decision 7th August 2025