2 Harebell Gardens Dunstable LU5 6RR : CAM/OOKC/MDT/2026/0002 CAM/OOKC/MDT/2026/0002
REASONS
[1]On 21 January 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1850 per calendar month(pcm) in place of the existing rent of £1750 pcm to take effect from 27 March 2026.[2]On 27 January 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 27 March 2024 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. 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 modern two storey four bedroom detached house situated on an estate of similar aged properties approximately three miles from the town centre and a short walk to the nearest bus stops.[8]The house is double glazed and centrally heated via a gas fired boiler. The landlord has provided the carpets, curtains and white goods. Evidence[9]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[10]The tenant made the following comments: a) The increase was neither reasonable nor sustainable. b) The tenant was coming to the end of her maternity pay and her husband’s employment was not stable. c) The Human Rights Act and other legislation required me to consider the tenant and her family’s right to a family life. d) The tenant did not provide any comparable rental evidence. The Landlord[11]The landlord provided a copy of the Best price guide and referred to seven four bedroom detached houses within either the same development or in the vicinity at rents of between £1860 and £1875 per month in support of the proposed rent of £1850 per month. Determination and Valuation[12]Relying on my own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord, I am of the opinion that the market rental of the subject Property is £1850 per month. It is in the same general condition as the comparable properties including having white goods, floor coverings and curtains provided by the landlord. Market rent £1850.00 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]I have accepted that the tenant’s financial position is difficult at the present time and that backdating the increase of £100 per month would cause undue hardship and accordingly sets the starting date for the new rent at 17 April 2026. Decision[14]Therefore, the Tribunal determines the market rent at £1850 per calendar month with effect from 17 April 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.