Flat 308 Thame House, Castle Street, High Wycombe, HP13 6RL: CAM/00MX/MNR/2026/0110 CAM/00MX/MNR/2026/0110
REASONS
[1]On 30 April 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £835 per calendar month (pcm) in place of the existing rent of £775 pcm to take effect from 19 June 2026.[2]On 8 May 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.[3]The assured tenancy commenced on 19 April 2025 for a term of 12 months. The rental period is monthly and due on first day of each month. 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]The Landlord provides a sofa bed. 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]None. Inspection/Hearing[8]Neither party requested an oral hearing. The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise. The Property[9]The Property is third floor studio flat with an approximate total area of 14.6 m² offering the following accommodation: Kitchen, living and sleeping area and separate bathroom. The Property benefits from heating by electricity and double glazing. There is wooden flooring throughout. The kitchen has a built in oven and microwave. The Property is situated in close proximity to High Wycombe train station and the commercial centre of High Wycombe, benefiting from all the local services and amenities this affords and located within the commuter belt for London. Evidence[10]The Landlord did not return the Tribunal’s Reply form. The Tenant.[11]The Tenant made the following comments: a) There are 52 properties of a similar size currently listed on the market for below £800. b) The Landlord is marketing other flats with the same layout and size as the subject property for £800. c) The market increase for Buckinghamshire and high Wycombe local market increase is between 2 and 4% the proposed increase of over 7% is in excess of this market trend. d) There is noise from neighbouring flats. e) The landlord served the notice of rent increase last minute to avoid the new requirement to give two -months’ notice of an intended rent increase to Tenants. One month notice of increase is insufficient time for the Tenant to secure alternative accommodation, and the Tenant cannot afford to move home.[12]In terms of rental evidence, the Tenant did not provide any comparable properties for the Tribunal to consider. The Landlord[13]Landlord did not return the Tribunal’s reply form or submit any comparable properties for the Tribunal to consider. Determination and Valuation[14]The Tribunal notes that neither party has provided substantive comparable rental evidence to support their respective positions. The Tribunal places limited weight on the figures advanced by the Tenant as they are unsupported by comparable properties but accepts the Tenant’s statement that the Landlord is marketing other properties with the same layout and size as the subject property for £800 pcm.[15]Despite the lack of comparables provided by the parties, the Tribunal is nevertheless required to determine the market rent for the Property under section 14 of the Housing Act 1988. In doing so, the Tribunal has considered the characteristics of the Property, the limited evidence provided by the Tenant and its own knowledge and experience of rental values in the locality and considers that the market rental of the subject Property modernised and in good order would be in the order of £800. This is the rent we would expect the property to let for in the open market if it was in the same general condition as the comparable properties including having white goods and curtains provided by the landlord. Market rent £800 pcm Undue hardship[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]The Tenant states that they have AUADHD and that they been prescribed new medication which has resulted in their mental state going up and down while they find a base point. The Tenant states that their finances are limited already, and they are struggling to pay for things each month and do not need the stress. The Tenant did not provide evidence of the hardship that they will experience.[14]Whilst the Tribunal accepts that the Tenant may experience some financial difficulty as a result of any increase in rent, insufficient evidence has been provided to demonstrate that implementation of the new rent from the date specified in the notice would cause undue hardship. The Tribunal therefore directs that the determined rent will take effect from 19 June 2026. Decision[15]Therefore, the Tribunal determines the market rent at £800 per calendar month with effect from 19 June 2026. 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.