CAM/26UJ/MNR/2026/0005 : 43 Fitzroy House, Dwight Road, WD18 9AA CAM/26UJ/MNR/2026/0005-43-FITZROY-HOUSE-DWIGHT-ROAD-WD18-9AA
REASONS
[1]On 12 November 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1450 per calendar month(pcm) in place of the existing rent of £1200 pcm to take effect from 13 January 2026.[2]On 1 December 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.[3]The assured tenancy commenced on 13 November 2023 for a term of 12 months. The rental period is monthly. Allocation of Repairs between Landlord and Tenant.[4]As per section 11 of the Landlord and Tenant Act 1985 and the tenancy agreement. Liability for Council Tax[5]The Tenant is responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax. Inspection/Hearing[6]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[7]The Property is a second floor flat in a purpose built three storey block offering the following accommodation: Open plan living room/kitchen, bedroom and bathroom/wc. Outside: the flat was stated to have direct access to a roof terrace and has an allocated parking space within the grounds. The Property benefits from central heating and is double glazed. The Property is situated in an area of business and light industrial parks overlooking a main road, approximately three miles from Watford town centre. Evidence[8]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[9]The Tenant made the following comments: a) The property is situated on a country lane which does not have a footpath or access to public transport. b) The block is advertised as a gated development however the access gates have not worked since the summer of 2024. c) The flat is on the second floor, there is no lift, d) There has been water ingress and damp affecting the building.[10]In terms of rental evidence, the Tenant referred to a number of one bedroom flats within the WD18 postcode, most of which were closer to the town centre and /or train station than the subject. The rents varied from £1150 to £1565 per month. The latter flat was in a high spec block with one site gym and concierge; it was much closer to travel and other facilities. The Landlord[11]The following comparables were provided by the Landlord (all one bed flats): a) Three ground floor flats within the block at rents of £1400, £1425 and £1450 per month. Only the latter flat was said to have a terrace. Two first floor flats with small balconies had been let for £1400 per month. b) The subject flat had good natural light and direct access to a roof terrace with good views. c) The landlord was of the opinion that £1550 could be achieved on the open market therefore the asking rent was reasonable. Determination and Valuation[12]The flat is not situated in a residential area. The landlord’s comparables being in the same building provide the best evidence. However, looking at the floor plans of the block which the landlord provided it is difficult to understand how Flat 5 has a terrace but the other ground floor flats do not. Moreover, the roof terrace appears to refer to the roof over part of the first floor rather than a traditional roof terrace. It is more akin to a balcony.[13]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord and the tenant, the Tribunal considers that the market rental of the subject Property is £1400 per month to reflect the advantage of the larger balcony offset by its location on the second floor. Market rent £1400.00 pcm Decision[12]Therefore, the Tribunal determines the market rent at £1400 per calendar month with effect from 13 January 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.