1 Cargo Lane, Bury Suffolk IP32 6FW CAM/42UK/MNR/2026/0089
REASONS
[1]A landlord’s notice dated 25 April 2026, was served under Section 13(2) Housing Act 1988 proposing a new rent of £1395 pcm in place of the passing rent of £1350 pcm to take effect from 14 June 2026.[2]On 25 April 2026 under S.13(4)(a) Housing Act 1988 the tenant referred the landlord’s notice proposing a new rent to the Tribunal for determination via a completed MR1 / standard Form 6.[3]The assured tenancy is now calendar monthly periodic. 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]None. Liability for Council Tax[6]Tenant. 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/or photographic representations received and from its own knowledge and specialist expertise. Property[9]There was no inspection. The Property is a 2 level semi detached house dating from around 2020. It has a very small front garden and a small rear garden including a freestanding timber shed. (Google Streetview March 2023). There is a single off-road parking place. There is no room for on street parking.[10]The house appears to be traditional construction, brick fair faced walls to front elevation with gable end, to 2 levels. The main roof is double pitched finished to concrete single lap tile. It is set within the a street of very similar, small modern houses, mainly two bedroom, on an estate of the same all dating from around 2020. The estate is on the northern side of the town of Bury.[11]The Property has 2 bedrooms to the first floor with the bathroom/WC; and ground floor 1 room, with kitchen. Central heating, with full double glazing, floor finishes and white goods are all apparently provided by the landlord. Evidence[12]The Tribunal received completed Form MR1 from the tenant. The Tribunal did not receive a Form 1a from the landlord, nor Form 1b from the tenant. The Tribunal is grateful for such information as was received from the parties. Tenant[13]The tenants referred to the modern but small nature of the house and plot in particular the small/shared allocation between houses for car parking. The tenants suggested that the rent remain at £1350 pcm for the Property at the valuation date. The tenant referred to larger but older houses dating from 2000 and earlier, which appeared to offer more space for the same or similar rent. They also referred most usefully to all but identical homes in the same road as the Property being No.2 in the same road marketed to let for £1350 pcm in March 2026. It may well still be to let. Landlord[14]The Tribunal received no representations from the landlord in Form 1a. Law[15]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. Validity[16]The tenant did not challenge the validity of the notice. Valuation[17]From the tenant’s comparables and from the Tribunal’s own general knowledge of market rent levels in and around Bury St. Edmunds it determines that the subject Property would let on normal Assured Shorthold Tenancy (AST) terms, for £1350 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 carpets and curtains.[18]The Tribunal did not find any defects or other shortcomings at the Property sufficient to justify a reduction in the rent from this starting point. The Tribunal therefore makes a no deduction, leaving a new market rent at £1350 pcm. Undue Hardship[19]A new rent takes effect from the date in the landlords notice. In cases of undue hardship the Tribunal has discretion to fix a later starting date. The tenant did not provide sufficient information to show undue hardship from the rent and the new rent remains the same as the passing rent. Decision and effective start date[20]The Tribunal sets the starting date of the new rent of £1350 pcm from the date of the notice, 14 June 2026.[21]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. Chairman N Martindale FRICS Date 16 July 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).