E BenovaApplicantWigmore South East LimitedRespondent
Before
Mr P Roberts FRICS CEnvDate 26 January 2026Property: Northbrook Street, Newbury, RG14 1DTType of application: Sections 13 and 14 Housing Act 1988
DECISION
[1]This has been a remote determination on the papers which the parties are taken to have consented to, as explained below. The form of determination was a paper determination described above as P:PAPERREMOTE The documents that the Tribunal was referred to are in bundles from the Applicant and the Respondent. The Tribunal has noted the contents and the decision is below. 2[3]The Tribunal determined a market rent of £1,150 pm effective from 14 September 2025.
REASONS
[1]The Landlord served notice under section 13 (2) of the Housing Act 1988 on 23 July 2025 to increase the passing rent from £825 per month to £1,150 per month with effect from 14 September 2025.[2]The Tenant made an application dated 10 September 2025 to the Tribunal in reliance on section 13 (4) of the Housing Act 1988.[3]This rent in all cases is stated to be exclusive of Council Tax, Water Charges and fixed service charges.[4]The Tribunal issued directions on 30 September 2025, inviting the Parties to submit any further representations (including any photographs and details of rentals for similar properties) they wished the Tribunal to consider. Property[5]The Tribunal did not inspect the Property and has relied upon information in the public domain including Google Street Images, online marketing particulars and information provided by the Parties.[6]The Property comprises a second floor flat within a converted period building over a parade of shops providing a living room, kitchen, two bedrooms and a family bathroom. There is no central heating, double glazing, garden, or car parking facilities.[7]The Tribunal was provided with photographs of the interior and exterior of the Property. Other than the identified concerns in respect of the windows, floor staining and lack of lift access, the Property is commensurate with market expectations. Tenancy[8]The Property was previously subject to a lease dated 6 April 2021 for a period of 6 months from 14 April 2021 at an initial rent of £825 per month.[9]Clause 8 of the lease sets out the Tenant’s obligations. These include the following: 3 “8.2.1 – To keep the interior of the Premises including any Fixtures and Fittings in good repair and condition throughout the Term (excepting only those installations which the Landlord is liable to repair under Section 11of the Landlord and Tenant Act 1985) and also to keep the interior of the Premises in good decorative order and condition throughout the Term (damage by fire excepted unless the same shall result from any act or omission on the part of the Tenant or any person residing or sleeping in or visiting the Premises. 8.3.1 – To permit the Landlord, or any superior Landlord, or the Landlord’s Agent or contractors or those authorised by the Landlord, upon giving at least 24 hours’ notice in writing (except in any emergency) to enter the Premises at all reasonable times for the purpose of inspection and repair, to include inspection and repair to any adjoining or neighbouring Premises .”[10]The Landlord’s obligations, in addition to section 11 of the Landlord and Tenant Act 1985 are set out at Clause 9 of the Tenancy which includes the following: “9.4 – To keep in repair and proper working order all mechanical and electrical items including all washing machines, dishwashers and other similar mechanical or electrical appliances belonging to the Landlord as are included in the Check-In Inventory…”[11]Following expiry of this lease, a Statutory Periodic Lease arose. The Law[12]Section 5 (3) of the Act provides that the periodic tenancy arising on expiry of the Assured Shorthold Tenancy is one: “(a) taking effect in possession immediately on the coming to an end of the fixed term tenancy; (b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy; (c) under which the premises which are let are the same dwellinghouse as was let under the fixed term tenancy; (d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and (e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy” 4[13]Section 14 (1) of the 1988 Act provides that the Tribunal is required to determine the rent at which the Property might reasonably be expected to let in the open market by a willing landlord under an assured tenancy:a. “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 rent) are the same as those of the existing tenancy.”[14]Section 14 (2) of the 1988 Act requires the Tribunal to disregard: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 (as defined by section 14 (3) of the Act) otherwise than as an obligation;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.”[15]Section 11 of the Landlord and Tenant Act 1985 (the 1985 Act), provides that the Tribunal is to imply a covenant by the Landlord:a. “to keep in repair the structure and exterior of the dwellinghouse (including drains, gutters and external pipes),b. to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), andc. to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.”[16]Section 14 (7) of the 1988 Act states: “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 (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) 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 5 effect from such later date (not being later than the date the rent is determined) as the appropriate tribunal may direct.” Representations – The Tenant[17]The Tenant drew the Tribunal’s attention to the lack of working lift access and disrepair to the windows.[18]The Tenant also commented that the: “…proposed rent increase is not acceptable to me, and it does not offer value for money with reference [to] the ever decreasing services you offer with my flat.” Representations – The Landlord[19]The Landlord completed the Reply Form and provided details of three flats to support the rent contended for as well as answering the Tenant’s points in respect of the condition of the Property. Determination[20]In determining the market rent, the Tribunal has regard to prevailing levels of rent in the general locality and achieved rental values in respect of other properties of comparable accommodation and provision that would be likely to be considered by a prospective tenant.[21]The current rent, and the period that has passed since that rent was agreed or determined is not relevant. Previous changes in rent are therefore disregarded as the Tribunal is required to assess the rent that would be offered by a prospective tenant who has no knowledge of the existing or previous rents. Similarly, historic rents achieved elsewhere are of limited relevance.[22]The legislation requires the Tribunal to have regard to market demand assuming that the landlord is willing. The Tribunal is therefore unable to have any regard to the personal circumstances or identities of the actual landlord and tenant in assessing the level of rent.[23]It is therefore irrelevant whether or not the Landlord requires the rent to be at a certain level to fund its liabilities and/or its repair obligations under the lease or whether the Tenant feels that the services provided by the Landlord are “value for money.” As such, the cost of mortgage payments and property maintenance to the Landlord does not affect the rent that would be offered by a prospective tenant in the market and must be disregarded.[24]Similarly, the ability, or otherwise, of the Tenant to pay the rent demanded cannot be taken into account and the Tribunal must disregard the Tenant’s personal circumstances as the Property is assumed to be “vacant and to let.”[25]In this regard, whilst the valuation exercise assumes that, regardless as to the condition of the Property, a hypothetical tenant would be 6 prepared to take occupation and negotiate a rent, it does not follow that the actual Tenant and the hypothetical tenant are one and the same. As such, the actual Tenant may be prepared to pay a certain level of rent to remain in occupation for personal reasons whereas the hypothetical tenant is bidding on the assumption that the Property is vacant and to let.[26]Bearing these points in mind and having relied upon its own expertise and knowledge of such matters, The Tribunal determines the market rental of the Property to be £1,150 per month. The rent payable may not, therefore, exceed this figure. However, this does not prevent the Landlord from charging a lower figure.[27]The Tribunal would point out that, whilst this may appear to be a large increase, the rent of £825 pcm dates from 14 April 2021 since when rents have increased significantly.[28]This rent is to be effective from 14 September 2025. Name: Peter Roberts FRICS CEnv Date: 24 January 2026 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 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 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. 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. 7 If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber). 8 First-tier Tribunal – Property Chamber File Ref No. CAM/00MB/MNR/2025/0747 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 Flat 5 Highclere House, 40 Northbrook Street, Newbury, RG14 1DT Mr P Roberts FRICS CEnv Landlord Wigmore South East Limited Address Unit 1, Hawthorn Business Park, 165 Granville Road, London, NW2 2AZ Tenant E Benova[1]The rent is: £ 1,150 Per month (excluding water rates and council tax but including any amounts in paras 3)[2]The date the decision takes effect is: 14 September 2025[3]The amount included for services is not applicable Per Date assured tenancy commenced 14 April 2021 Length of the term or rental period 6 months[6]Allocation of liability for repairs LL to comply with s11 LTA 1985[8]Furniture provided by landlord or superior landlord N/A[9]Description of premises The Property comprises a second floor flat within a converted period building over a parade of shops providing a living room, kitchen, two bedrooms and a family bathroom. There is no central heating, double glazing, garden, or car parking facilities 9 Chairman P Roberts Date of Decision 24 January 2026