5 Roys Close, Ludgershall, Andover, SP11 9DD: HAV/00HY/MNR/2026/0077 HAV/00HY/MNR/2026/0077
REASONS
[3]On 17 November 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £677.25 per calendar month(pcm) in place of the existing rent of £645.00 pcm to take effect from 11 April 2026. On 6 March 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 11 November 2016 for a term of six 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]N/A 2 Inspection/Hearing[8]Neither party requested an oral hearing. The Landlord has not responded to the Tribunal and has not made any submissions. The Tribunal has considered this case on the papers provided by the Tenant and its own knowledge and specialist expertise. The Property[9]The Property is a first-floor flat forming part of a modern two/three storey development of 9 similar units. The accommodation described by the Tenant comprises: Living Room Hallway Toilet Single Bedroom Master Bedroom Kitchen It is assumed that there is also a bathroom given the apparent age and design of the property. Outside: Small storage area. Communal bin area. The Property is situated in the centre of Ludgershall in a modern development at the rear of the main street. Evidence[10]Only the Tenant returned the Tribunal’s Reply forms.[11]The Tenant made the following comments: a) b) c) The tenant refers to a problem with anti-social behaviour near his flat which is located close to two pubs. He refers to illegal activity such as drug use and says that friends are reluctant to visit. He considers that the market for properties in the area is downrated as a result. The flat was let unfurnished and has not been upgraded. Other flats in the block have been modernised on reletting and supplied with white goods Poor insulation causes heat loss. 3 d) Cracked internal ceilings[12]In terms of rental evidence, the Tenant had provided no comparable evidence. Determination and Valuation[13]The Landlord is a Housing Association, and the letting may be subject to restrictions through Government guidelines on chargeable rents. As a result, the market rent determined by the Tribunal may not align with the rent chargeable by the Landlord. The fact that the Landlord has not responded to directions and cooperated with the Tribunal creates difficulty in dealing with this application and the Tribunal has done the best that it can in the circumstances[14]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £900.00 pcm. This is the rent we would expect the property to let for in the open market if it was in the same general condition as the comparable properties including having white goods and curtains provided by the landlord.[15]From this level of rent, the Tribunal has made adjustments in relation to the following: a) b) The unmodernised condition of the Property relative to the accepted market standard. Issues with the location of the Property in an area suffering from anti social behaviour which reduce its value. The full valuation is shown below: Starting Rent £900.00 pcm Less a) b) Items given under a) above £90.00 Items given under b) above £50.00 -£140 Market rent £760.00 pcm 4 Undue hardship[16]The new rent takes effect from the date specified in the Landlord’s Notice of Increase, 11 April 2026.[17]The Tenant has indicated that the proposed rent would not cause undue hardship. 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. Decision[18]Therefore, the Tribunal determines the market rent at £760.00 per calendar month with effect from 11 April 2026. This does not require the Landlord to charge this rent which may be subject to restrictions referred to above. 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.