62 Thirlmere Avenue Burnham, Slough Berks SL1 6ED CAM/00MD/MNR/2026/0075
REASONS
[1]A landlord’s notice dated 8 April 2026, was served under Section 13(2) Housing Act 1988 proposing a new rent of £1600 per calendar month in place of the passing rent of £1300 pcm to take effect from 8 May 2026.[2]At a date, prior to the effective date, under S.13(4)(a) Housing Act 1988 the tenant referred the landlord’s notice proposing a new rent, to the Tribunal for determination.[3]The assured tenancy is now periodic calendar monthly. Allocation of Repairs between Landlord and Tenant[4]As per S.11 Landlord and Tenant Act 1985. Landlord’s Service Charges and Furniture provided and costs.[5]Sofa. White Goods. The landlord was said to pay for or to provide and pay for at the Property: 1. Council Tax at £125.52 pcm. 2. Water Rates at £35.52 pcm. 3. Electricity at £134.00 pcm. The new rent excludes these costs. These sums are in addition to the market rent. A market rent excludes the cost of these items. Liability for Council Tax[6]Landlord (see above). Other relevant terms of tenancy[7]None Inspection and Hearing[8]An inspection is not routinely carried out. The Tribunal is content that it has sufficient information on the Property, its condition and on comparables, from a combination of the written and any photographic representations received and from its own knowledge and specialist expertise. Property[9]There was no inspection. The Property is a ground floor flat purpose built late 1950’s. The Property has two bedrooms, living room, kitchen, bathroom wc. It is part of a low rise 2 storey Building of similar flats (4No. all) each with their own separate entrances. The dwellings in this road are all of a similar design age and arrangement as purpose built post war flats in blocks. Access to the upper floor is from a separate side entrance. There is a garden to front and rear. The landlord is said to arrange and pay for occasional gardening.[10]The road consists of very similar buildings in an established residential area. There are no on-street parking restrictions. There is no off street parking at the Property. (Google Streetview June 2025).[11]The Building is of traditional brick partly rendered, part fair faced external appearance. The main roof over the Building of which the Property is part is simple double pitched, single lap tiled. The Building seems to be in fair order. Window glazing appears to be double glazed to the Property. There is gas fired, water and space heating. Evidence[12]The Tribunal received completed Form MR 1 and 1B from the tenant. Form 1a from the landlord was received. The Tribunal is grateful for such information as was provided by one or both of the parties. Tenant[13]The tenant did not contest the form or timing of the landlords S.13 Notice but challenged the new rent. The tenant felt that the rent should be £1600 pcm but, elsewhere the tenant also appeared to suggest that the rent remain as it is. Either way this figure should include the Council Tax at £125.62 pcm, the water charge at £39.52 pcm and the electricity at £134 pcm.[14]The tenant referred to a number of small and persistent items of disrepair, including: Damage to a bedroom window caused by a recent break-in, a broken bath side panel, broken lever waste plug, mould particularly to the underside of a very small un-insulated front lounge flat roof.[15]The tenant stated that the passing rent of £1300 pcm included thc cost of Council Tax of £125.62 pcm. On this basis the net passing rent was £1174.48 pcm. Normally a tenant would meet this cost directly. Landlord[16]The landlord set out a lengthy and detailed counter narrative to the “issues” at the Property. The landlord maintained that works were undertaken to repair the Property promptly when required.[17]In their Form MR2 or Form 1a, the landlord provided some contrasting comparable material with the assistance of a short rental market report leading to a new £1600 pcm including the cost of the Council tax. The Council Tax was now £178.33 pcm. Electricity was now £134 pcm. Water was now £39.52 pcm.[18]It was unclear to the Tribunal which party currently met some or any of these costs. Any tenant taking on this Property on market terms, would be responsible for and meet all three of these costs directly. None of them would be down to the landlord to meet.[19]With the assistance of the Frost Partnership in a brief report on this Property, the market rent was said to £1590 pcm. Law[20]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. Valuation[21]From the Tribunal’s own general knowledge of market rent levels in Slough for a Property of this type and location, it determines that the subject Property would let on normal Assured Periodic Tenancy (APT) terms, (with the tenant paying the Council tax, water and electricity separately) for £1400 pcm, fully fitted and in good order. This is the rent we would expect the Property to let for in the open market if it was in the same condition as comparable properties including landlord’s white goods and carpets in the Property.[22]There are no specific major defects at the Property so it makes no deduction from the monthly rent. The Tribunal therefore determines the new market rent at £1400 pcm (excluding all costs of Council Tax, water and electricity, otherwise due at the Property). Undue Hardship[23]Allowance for hardship from this increase in the rent was sought by the tenant in their application. The materials and detail provided were insufficient for the Tribunal to consider that “undue” hardship would result. If it had, the Tribunal could only delay the effective date of the increase up to the date of the hearing at most. No change to the effective date of the new rent is made by the Tribunal. Decision and effective start date[24]The starting date of the new rent of £1400 pcm to be levied is from and including 8 May 2026.[25]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. Otherwise any further reduction in this figure on what is levied, is a matter between the parties, only. Chairman N Martindale FRICS Date 5 August 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 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).