41A Salisbury Road, Southsea, Portsmouth, Hampshire, PO4 9QY: HAV/00MR/MNR/2026/0040 HAV/00MR/MNR/2026/0040
REASONS
[1]On 13 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £900.00 per calendar month(pcm) in place of the existing rent of £600.00 pcm to take effect from 17 March 2026.[2]On 19 February 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 17 February 2013 for a term of 6 months. The rental period is calendar 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]None. Inspection/Hearing[8]The Tribunal has considered this case on the basis of an inspection and the papers provided by the parties and its own knowledge and specialist expertise. The Property[9]The Tribunal carried out an inspection of the Property on 12 June 2026 in the presence of the Tenant and the Landlord.[10]The Property is a ground floor flat forming part of a converted former terraced town house having the following accommodation: Communal hallway, kitchen, dining area, sitting room, one bedroom, and bathroom. In addition there are 2 covered conservatory areas and, outside, a walled yard area and outbuilding. Utilities are by coin operated meters. The Property is situated close to Canoe Lake Park and Southsea Beach, within close proximity of amenities. Portsmouth City Centre is approximately a mile to the north. Evidence The Tenant.[11]The Tenant made the following comments: a) The Tenant confirmed that they had replaced carpets and curtains, carried out tiling, replaced flooring and painted. b) The proposed increase is 50% from the passing rent and does not reflect the condition of the property. While some comparable flats are advertised at higher rents, they are in good repair and properly maintained. Local listings show similar-sized flats advertised at rents above £650 per month. However, those properties are in good decorative and structural condition. c) This property suffers from ongoing maintenance defects, including issues previously raised with the landlord and Portsmouth City Council. Repairs are frequently delayed or ineffective, with defects recurring shortly after works are attempted. d) During the tenancy, the property has suffered persistent defects including damp and mould, roof leaks requiring water to be absorbed internally, rotten window frames and ongoing maintenance failures. e) There have been repeated gas and heating issues. Last winter the tenant was without heating and hot water for approximately 2 weeks due to a gas leak and further gas supply issues have occurred recently. f) Utilities are supplied via coin meters controlled by the landlord. The unit rates charged are significantly higher than standard domestic tariffs, increasing the effective cost of occupation. g) In its present condition, the property is materially below the standard of comparable flats. A rent of £650 per month reflects the market value of the property as it currently exists, not as it would be if properly maintained. The Landlord[12]The landlord made no submissions. Determination and Valuation[13]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 £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.[14]From this level of rent, the Tribunal has made adjustments in relation to the following: a) The unmodernised condition of the Property relative to the comparable properties and issues with the condition of the Property which reduce its value including damp. b) Coin operated utilities metering. c) The tenant has provided her own floor coverings and curtains. The full valuation is shown below: Starting Rent £900.00 pcm Less a) Items given under a) above £30.00 b) Items given under b) above £20.00 c) Items given under c) above £20.00 £70.00 Market rent £830.00 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]The Tenant has asked the Tribunal to fix a later starting date in this case. She tells the Tribunal that she is 67 years old and live on a limited fixed pension income. She also suffers from COPD, which is adversely affected by the damp conditions in the property.[14]She submits that the proposed increase from £600 to £900 per month would be unaffordable and mentions that due to the coin meters, her utility costs are significantly higher than average and due to her age, health, and limited income, payment of the increased rent from the proposed start date would cause significant financial hardship.[15]The Landlord did not respond to the Tenant’s application for postponement due to hardship.[16]As a result of our decision the rent will increase by £230 a month. The date specified in the landlord’s notice was 17 March 2026. On the basis of the evidence supplied by the Tenant, the Tribunal considers that for the increase to take effect from the date in the Landlord’s Notice would cause undue hardship and accordingly sets the starting date for the new rent as 12 June 2026. Decision[17]Therefore, the Tribunal determines the market rent at £830.00 per calendar month with effect from 12 June 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.