John KeohaneApplicantJ ViolaRespondentMr John KeohaneTenantMr Jason ViolaLandlord
Before
Mr D Jagger MRICSMr N Robinson FRICSNone Landlord : J Viola Representative : Charles Harding Estate Agents Date of Objection : 10 December 2025 for the ApplicantDate 13 February 2026Property: Room 5, 36 Beatrice Street, Swindon, Wiltshire, SN2 1BB
DECISION
The Tribunal determines a rent of £425 per calendar month with effect from 12 December 2025. ____________________________________ SUMMARY REASONS Background[1]The Landlord served a notice under Section 13(2) of the Housing Act 1988 dated 27 October 2025 which proposed a new rent of £475 per month in place of the existing rent of £400 per month to take effect from 3 September 2025. This being an increase of £75 per month.[2]The tenancy commenced on the 12 October 2020. The Tribunal were not presented with a copy of the tenancy agreement by the parties. It is assumed this is a statutory periodic tenancy.[2]On the 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.On the 7 January 2026, the Tribunal prepared Directions for the conduct of the case.[4]The parties did not request a hearing or an inspection, and the Tribunal agreed with this arrangement. Therefore, this case was considered on the basis of the papers provided by the parties with the assistance of Rightmove and Google Maps. Evidence[5]The Tribunal received a completed reply form from the tenant together with photographs showing the condition of the property and a lengthy text trail between the tenant and landlord’s agent. The landlord and their letting agent did not engage in these proceedings. Determination and Valuation[6]Having consideration of the extensive evidence provided by the landlord and our own expert, general knowledge of rental values in the Swindon area, we consider that the open market rent for the property in good lettable condition with modern fittings and services would be £500 per month. It is assumed this rental value includes payment of Council Tax, Water Rates and all utilities.[7]Next, the Tribunal needs to adjust that hypothetical rent of £500 per month to allow for the damp and mould to the walls in the room and the shared bathroom, the defective shower fitting and rodent infestation.[8]The Tribunal has considered very carefully the information provided by the tenant in this matter. Using its own expertise, the Tribunal considers that a deduction of £75 should be applied in order to take account of the above matters. This reduces the rental figure to £425 per month.[9]It should be noted that this figure cannot be a simple arithmetical calculation and is not based upon capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant. Decision[10]The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy in its current condition was £425 per calendar month.[10]The Tribunal directs the new rent of £425 per month to take effect on the 12 December 2025. This being the date in the Landlord’s notice. Chairman: Duncan Jagger MRICS Date: 13 February 2026 APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA. --- decision_2.pdf --- 1 Case Reference : HAV/00HX/MNR/2025/0840 Property : Room 5, 36 Beatrice Street, Swindon, Wiltshire, SN2 1BB Tenant : John Keohane Representative : None Landlord : J Viola Representative : Charles Harding Estate Agents Date of Objection : 10 December 2025 Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal : Mr D Jagger MRICS Mr N Robinson FRICS Date of Summary Reasons : 13 February 2026 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 _______________________________________________ DECISION The Tribunal determines a rent of £425 per calendar month with effect from 12 December 2025. ____________________________________ SUMMARY REASONS Background[1]The Landlord served a notice under Section 13(2) of the Housing Act 1988 dated 27 October 2025 which proposed a new rent of £475 per month in place of the existing rent of £400 per month to take effect from 3 September 2025. This being an increase of £75 per month.[2]The tenancy commenced on the 12 October 2020. The Tribunal were not presented with a copy of the tenancy agreement by the parties. It is assumed this is a statutory periodic tenancy.[2]On the 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.On the 7 January 2026, the Tribunal prepared Directions for the conduct of the case.[4]The parties did not request a hearing or an inspection, and the Tribunal agreed with this arrangement. Therefore, this case was considered on the basis of the papers provided by the parties with the assistance of Rightmove and Google Maps. Evidence[5]The Tribunal received a completed reply form from the tenant together with photographs showing the condition of the property and a lengthy text trail between the tenant and landlord’s agent. The landlord and their letting agent did not engage in these proceedings. Determination and Valuation[6]Having consideration of the extensive evidence provided by the landlord and our own expert, general knowledge of rental values in the Swindon area, we consider that the open market rent for the property in good lettable condition with modern fittings and services would be £500 per month. It is 3 assumed this rental value includes payment of Council Tax, Water Rates and all utilities.[7]Next, the Tribunal needs to adjust that hypothetical rent of £500 per month to allow for the damp and mould to the walls in the room and the shared bathroom, the defective shower fitting and rodent infestation.[8]The Tribunal has considered very carefully the information provided by the tenant in this matter. Using its own expertise, the Tribunal considers that a deduction of £75 should be applied in order to take account of the above matters. This reduces the rental figure to £425 per month.[9]It should be noted that this figure cannot be a simple arithmetical calculation and is not based upon capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant. Decision[10]The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy in its current condition was £425 per calendar month.[10]The Tribunal directs the new rent of £425 per month to take effect on the 12 December 2025. This being the date in the Landlord’s notice. Chairman: Duncan Jagger MRICS Date: 13 February 2026 APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA.