106 Clayburn Road Peterborough Cambridgeshire PE7 6GL CAM/00JA/MNR/2025/0751
REASONS
[1]The First Tier Tribunal received an application dated 17 September 2025, before the effective start date of the new rent sought, from tenant of the Property, regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act). 2[2]The notice, dated 12 August 2025, proposed a new rent of £825 per calendar month from and including 1 October 2025. This rent does not include other services.[3]The tenancy is an assured periodic calendar monthly tenancy with effect from and including 17 December 2025. A copy was provided.[4]The rent payable from up to and including 30 September 2025 was said to be £600 per calendar month. This rent had remained unchanged from grant in 2017. Although the landlord had provided some furniture and white goods on grant, over recent years by agreement between the parties as replacements were needed, the tenant sourced these. There were by now no white goods or furniture at the Property provided by the landlord. Directions[5]Directions, dated 3 November 2025 for the progression of the case, were issued by Legal Officer Laura Lawless. Neither party asked for a hearing. Inspection[6]There was no inspection. The Property is a two bedroom, one bathroom flat with kitchen and living room. It is on an upper floor of a small low rise block (3 levels) constructed in the 2000’s. There are internal communal stairwells and external communal gardens. (Google Streetview April 2023) shows a modern purpose built Building on an estate of similar modern low rise blocks.[7]The Property and Building face an extensive modern Leisure Centre, Library complex and car park on the other side of Clayburn Road. On road parking is restricted but, there appears to be shared off road parking to the rear of the Building within which the Property is set. Tenants’ and Landlord’s Representations[8]The tenants provided written submissions via the Application Form and made a statement regarding the Property and personal circumstances. The tenant states that he has experienced problems with disrepair historically which repaired slowly or not at all by the landlord especially in the period 2019/20. The tenant also refers to “harassment” and historic involvement of Police.[9]The validity of the proposed effective date of the new rent arose, as it was not the monthly anniversary date to tie in with the original grant of lease, the 17th of the month. The landlord was able to confirm that the rent payment date had been changed some time during the tenant’s occupation, by agreement, to better suit the tenant, to the first of each month. Records of the dates of rent due and received were provided as evidence of the change of dates so that the Notice tied in with practice. 3[10]The Tribunal is grateful for such information as was provided by both parties in the application and standard Reply Forms. Law[11]In accordance with the terms of S.14 of the Act we are required to determine the rent at which we consider the property might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Thus the Property falls to be valued as it stands; but assuming that the Property to be in a reasonable internal decorative condition. Decision[12]From the Tribunal’s own general knowledge of market rent levels in and around Peterborough, it determines that the Property would let on normal Assured Shorthold Tenancy (AST) terms, for £850 per week including any fixed service charge fully fitted and in good order.[13]From the representations; it found however that the Property did suffer from dated though functional bathroom and kitchen fittings and floor coverings and the absence of white goods now. The Tribunal makes a small deduction of £25 per calendar month week from the starting rental figure. The new rent will be therefore be £825 pcm.[14]Although the tenant referred in passing to personal financial and health issues ongoing, there is no scope within the law for the Tribunal to reflect such in the new level of rent to be set.[15]Although the landlord is not obliged to charge this rent and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation; they may not charge more than this figure. Chairman N Martindale FRICS Date 12 January 2026 4 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. 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 decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013). If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the property, and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).