7 Oate Hill, Chippenham, Wiltshire, SN15 3LE: HAV/00HY/MNR/2026/0107 HAV/00HY/MNR/2026/0107
REASONS
[1]On 24th February 2026 the Landlord (a Social Housing Provider) served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £198.09 per week (“pw”) for the Property in place of the existing rent of £189.02 pw to take effect from 20th April 2026.[2]On 10th April 2026, under Section 13(4)(a) of the Housing Act 1988, the Tenants referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent.[3]The assured tenancy commenced on 10th January 2020. Allocation of Repairs between Landlord and Tenant.[4]The Landlord is responsible for repairs. 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 Hearing[8]Neither party requested a hearing. The Property[9]The Property is stated to be a semi-detached house which is situated within a residential area on the southeast side of Chippenham.[10]The accommodation includes a living/dining room, kitchen, bathroom and 3 bedrooms. There is gas-fired central heating and double-glazed windows.[11]Outside there is a garden and off-road parking. Evidence[12]The Tenants provided an application form with supporting documents. The Landlord did not respond to the Tribunal.[13]Any personal circumstances are not to be taken into account by the Tribunal. Tenants.[14]The Tenants made the following submissions/comments: a) Many of the double-glazed windows are ‘blown’, b) The Tenants provide the floorcoverings. c) There are rotting fascia boards. d) Other Tenants pay lower rents for a similar property in the area. e) The Tenants did not ask for an inspection or hearing. The Landlord[15]The Landlord did not respond to the Application. Determination and Valuation[16]The other rents charged by the Landlord for nearby properties are not market evidence as those rents are limited by other legislation.[17]Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £1,300 per calendar month. Comparable rents are normally quoted on a monthly basis.[18]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, flooring and curtains provided by the landlord.[19]From this level of rent, the Tribunal has made adjustments in relation to the following: a) The Tenant’s provision of white goods. b) The Tenant’s provision of flooring and curtains c) Condition, including windows and fascia. The full valuation is shown below: Starting Rent £1,300 pcm Less a) Items given under a) above £30 b) Items given under b) above £50 c) Items given under c) above £30 £110 Market rent £1,190 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]The Tenant has made no submission or provided any evidence that the new rent will cause undue hardship in respect of hardship. Decision[14]Therefore, the Tribunal determines the market rent at £1,190 per calendar month. This equates to £274.62 pw, rounded to £275 pw.[15]The new rent takes effect from 20th April 2026, this being the date specified in the Notice.[16]The Landlord is a Social Housing Provider and is not obliged to charge this higher market rent. 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.