24 Quadrivium Point, Tuns Lane, Slough, SL1 2WN: CAM/00MD/MNR/2026/0010 CAM/00MD/MNR/2026/0010
REASONS
[3]On 5 January 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,400 per calendar month (pcm) in place of the existing rent of £1,350 pcm to take effect from 9 February 2026. On 14 January 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 9 February 2024 for a term of 12 months at an initial rent of £1,250 pcm. The rental period is monthly. Allocation of Repairs between Landlord and Tenant.[4]As per section 11 of the Landlord and Tenant Act 1985. Services Charges or furniture provided by Landlord (other than carpets and curtain and white goods specified below) and the costs relating to the same.[5]N/A Liability for Council Tax[6]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.[7]N/A Inspection/Hearing[8]The Tribunal has considered this case on the basis the papers provided by the parties and its own knowledge and specialist expertise. 2 The Property[9]The Property is a one-bedroom flat with a bathroom and kitchen/living area located at the rear of the third floor of a purpose-built modern block of flats. There is no garden. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[11]The Tenant stated: “I disagree with the agency’s response. This flat was unfurnished when I came here, without furniture and compared to the homes in the area, a one-bedroom flat, I am attaching the corresponding pictures with a price in this area and furnished. Example, price of a one-bedroom apartment, and a two- bedroom apartment in the same place, the same building.”[12]The accompanying details were in respect of a one-bedroom flat (floor unknown) @ £1,250 pcm and a one-bedroom flat on the first floor @ £1,200 pcm together with a two-bedroom flat located on the third floor @ £1,425 pcm[13]The Tenants advised that they considered the market rent to be between £1,000 to £1,100 pcm. The Landlord[14]The Landlord’s agent completed the Reply Form which was dated 18 February 2026 and attached a single example of a one-bedroom flat being advertised at £1,350 pcm.[15]However, no details were provided as to which floor this flat was located on or the accommodation being offered. In this regard, the rent quoted on the example provided by the Landlord’s agent is at the higher end of advertised rents for one bedroom flats in this development. The Tribunal took the view that the Landlord had effectively, “cherry picked” the available evidence. Determination and Valuation[16]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 3 properties of comparable accommodation and provision that would be likely to be considered by a prospective tenant.[17]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.[18]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.[19]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.[20]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.”[21]Furthermore, the valuation exercise assumes a hypothetical tenant who does not have the benefit of any knowledge obtained from being in occupation of the Property.[22]In this regard, whilst the valuation exercise assumes that, regardless as to the condition of the Property, a hypothetical tenant would be 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.[23]It is apparent that asking rents for one-bedroom flats above first floor level of a similar nature to the Property are in the region of £1,250 pcm. However, as these are asking rents and taking into account the current state of the market, the Tribunal consider that the agreed rent would be slightly lower. The Tribunal therefore are of the opinion that the market rent would be £1,225 pcm.[24]The Tribunal appreciates that this is a reduction from the current passing rent which would appear counterintuitive in light of general market movements. However, in the absence of any evidence as to why the Property should attract 4 virtually the same rent as a two-bedroom property when it has been described as a one-bedroom flat the Tribunal sees no reason to apply a premium merely because the Property historically achieved a rent higher than the transactional evidence can support Market rent Undue hardship (if relevant) £1,225.00 pcm[12]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.[13]Whilst the Tenant ticked “yes” at Section 13 of the Application form, the grounds of their claim were: “+electric + council tax.”[14]The Tribunal considers that insufficient evidence has been provided to establish hardship and has therefore not considered the matter further. Decision[15]Therefore, the Tribunal determines the market rent at £1,225 per calendar month with effect from 9 February 2026. The rent payable may not, therefore, exceed this figure. However, this does not prevent the Landlord from charging a lower figure. 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