[1]On 4 July 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £950 per month in place of the existing rent of £800 per month to take effect from 5 August 2025.[2]On 28 July 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]I did not inspect the property because no one requested an inspection, a floor plan and photographs were provided by the tenant. I was of the opinion that an inspection was not necessary in view of the information provided by the tenant. In accordance with the Directions issued on 5 August 2025 I viewed the locality on streetview. Evidence[6]The tenant provided a comprehensive bundle which included the original letting details for the subject flat, letting details including floor plans of six comparables within the locality, including a first floor flat within the same building, copies of emails with the landlord’s managing agent regarding the condition of the property and the communal lift and her statement regarding the proposed increase in the rent payable.[7]The accommodation comprises an open plan living room/kitchen, bedroom and bathroom/wc. It is situated on the second floor of a converted building which has commercial premises on the ground floor. She provided a schedule of the comparables to enable comparison with the amenities within the subject property. The comparables had been advertised at rents of between £825 and £875 per month. A first floor flat within Highclere House was available at an asking rent of £850 per month.[8]The tenant referred to the lift being out of order since February 2025. She had sought a timetable from the managing agents for the lift’s repair but none was available. The tenant stated that the lack of a working lift impinged on her as the flat is on the top floor of the block.[9]The windows are timber framed single glazed sash windows. They are in poor condition and a consultant has recommended that they be replaced. One of the panes of glass is cracked. The tenant asserted that the frames are rotting as evidenced by several photographs of the exterior. 10 There is a large water stain on the kitchen ceiling which was reported to the managing agent in December 2023. The damage has not been repaired despite the managing agents arranging for someone to inspect it.[11]The tenant stated that the water pressure is very poor and on occasions the hot tap runs dry.[12]No representations were made by or on behalf of the landlord. Determination and Valuation[11]I have relied on the market evidence provided by the tenant. I am of the opinion that the open market rent of the property is £825 per month. I have taken into account the various comparables, the best of which is the asking rent for the flat on the first floor of the building at £850 per month. I have taken into account the physical condition of the flat itself and the lift having been out of order since February with no indication of when the repair will be carried out. Decision[12]I 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 £825 per month. 13.I direct the new rent of £825 per month to take effect on 5 August 2025 in accordance with the date in the landlord’s notice. Chairman: E Flint Date: 30 September 2025 ANNEX - RIGHTS OF APPEAL I. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for-permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber II. The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. III. 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. IV. 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. Please note that if you are seeking permission to appeal against a decision made by the Tribunal under the Rent Act 1977, the Housing Act 1988 or the Local Government and Housing Act 1989, this can only be on a point of law. Appendix Housing Act 1988 14 Determination of rent by rent assessment committee. (1)Where, under subsection (4)(a) of section 13, a tenant refers to a rent assessment committee a notice under subsection (2) of that section, the committee shall determine the rent at which, subject to subsections (2) and (4) below, the committee consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy— (a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates;(b) which begins at the beginning of the new period specified in the notice;(c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and(d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates. (2) In making a determination under this section, there shall be disregarded— (a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant; (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement— (i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy. (3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates or the following conditions are satisfied, namely— (a) that it was carried out not more than twenty-one years before the date of service of the notice; and (b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and (c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit. (4)In this section “rent” does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture or for any of the matters referred to in subsection (1) (a) of that section, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house concerned or are payable under separate agreements…. (7)Where a notice under section 13(2) above has been referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by the appropriate tribunal … shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as the appropriate tribunal may direct.