40 Bradmore Green, Brookmans Park, Hatfield, Herts, AL9 7QR: CAM/26UL/MNR/2026/0094 CAM/26UL/MNR/2026/0094
REASONS
[3]On 16 February 2026, 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 £1250 pcm to take effect from 1 May 2026. On 29 April 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 27 December 2006 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. 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]None. 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[9]The Tenant requested an inspection of the subject property. On 12 June 2026, The Tribunal determined that it was not proportionate to hold an inspection and declined to do so. 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. 2 The Property[10]The Property is a first floor and second floor flat offering the following accommodation: A living room (4m x 3.4m), dining room (4m x 2.3m), two bedrooms (one sized 1 - 5m x 2.7m and one sized 2.7m x 2.7m), a kitchen (3.6m x 2.5m) and bathroom (2.6m x 1.5m). The Property benefits from heating by storage heaters and has double glazing. The kitchen and bathroom have vinyl flooring, and the other rooms are carpeted. The Property is situated a residential and commercial area in close proximity to Brookmans Park train station and local shops and amenities. Evidence[11]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[12]The Tenant made the following comments: a) b) c) The Tenant proposed a market rent of £1300. The comparable that the Tenant provided is listed for £1450 and is located in the same block as the subject property. However, the subject property has storage heaters, an immersion hot water tank, separate living and dining rooms, and smaller bedrooms. The subject property requires refinishing and repainting, particularly on the ceilings and the kitchen and bathroom require refurbishment. d) The market rent could be considered to be £1450 but the property would need quite significant improvements to reach a marketable state due to the following:a. Worn carpets due to wear and tearb. Draft in the bedrooms coming up through the floorboardsc. Loft insulation which currently covers less than 30% of the upstairs surface area resulting in inefficient heatingd. Storage heaters that only carry the heat until mid-afternoon and are very expensive to run. The Tenant has been advised that these will be replaced with more efficient models. 3e. The kitchen is in poor condition due to wear and tear and needs replacement.f. The bathroom is in very poor condition, and the tiles have been painted and are now flaking when cleaned. e) The Landlord offered a rent increase to £1375 pcm but the Tenant does not accept that valuation as market rent based on the condition of the subject property. f) The Landlord has provided no supporting evidence regarding the statement that the proposed rent of £1450 is below market rent. g) The Landlord has made upgrades and maintenance to meet the regulatory and tenancy obligations but has done little to address the condition of the property. The Landlord has provided no supporting evidence of any modifications or upgrades that they have completed.[13]In terms of rental evidence, the Tenant provided a Rightmove webpage for a two bedroom one bathroom property at Bradmore Green, Brookmans Park, advertised on 19 February 2026 for £1,450 pcm. The comparable property has gas central heating. The Landlord[14]The landlord made the following comments: a) b) c) The market rent is in region of £1530 and the Landlord is seeking £1450 which is less than market rent. The Tenant has been offered a rent of £1375. There are maintenance issues to be completed as standard, but the Landlord has completed other modifications and upgrades.[15]The Landlord provided no comparables. Determination and Valuation[16]The Tribunal notes that neither party has provided extensive rental evidence. The only comparable before the Tribunal is a two-bedroom flat within the same block advertised at £1,450 pcm in February 2026 as provided by the Tenant. 4[17]Whilst the Tribunal recognises that an asking rent is not necessarily the same as a contractual rent, the comparable is of particular assistance because of its proximity and similarity in accommodation.[18]Relying upon its own expert knowledge of rental values in the area and the evidence provided, the Tribunal considers that the market rent of the subject Property, if presented in good decorative order with a modern kitchen and bathroom and benefiting from a modern central heating system, would be in the region of £1,450 pcm.[19]From this level of rent, the Tribunal has made adjustments in relation to the following: a) The kitchen appears dated and worn through use over time. There is no mechanical air extractor above the hob. The walls appear in poor condition decoratively and the overall appearance is tired and in need of updating. b) The bathroom appears dated and tired. The tiles have been painted, and the paint is flaking. The caulk is in need of replacement. The bathroom suite is old fashioned and the toilet is yellowed. The vinyl flooring is lifting around the bath and the only shower is a mixer attached to the bath taps. c) The carpet appears to be in reasonable condition, but the individual boards are visible through the carpet suggesting no or very old underlay. d) The storage heaters appear old and are likely to be inefficient and expensive to run and the limited coverage of loft insulation will impact on the efficiency and costs of heating the property. The full valuation is shown below: Starting Rent £1450 pcm Less a) b) c) d) Items given under a) above Items given under b) above Items given under c) above Items given under c) above £60 £60 £15 £15 £150 pcm Market rent £1300 pcm 5 Decision[12]Therefore, the Tribunal determines the market rent at £1300 per calendar month with effect from 1 May 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.