Flat 9C, Tyrell Court, Brookside Way, Southampton, Hampshire, SO18 2QS: HAV/00MS/MNR/2025/0829 HAV/00MS/MNR/2025/0829
REASONS
[1]On 28th July 2025 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £850 per calendar month (“pcm”) for the Property in place of the existing rent of £675 pcm to take effect from 1st September 2025.[2]On 31st July 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]The assured tenancy commenced on 22nd May 2024. 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 a stated to be a ground floor flat within a purpose-built block and comprises a living room/kitchen, bedroom and bathroom with wc. The Property has gas-fired central heating and double-glazed windows. Evidence[10]The Tenant provided an application form and the Landlord’s Agent a Rent Appeal Statement. The Tenant.[11]The Tenant made the following submissions/comments: a) The flat is a tiny one-bedroom flat with no garden, outside space or balcony. b) An adjoining block is for prisoners moving back into the community. c) The flats are dated and in need of a revamp. d) Rents on similar flats have increased to £875 per month which has caused tenants to move elsewhere. The Landlord[12]The Landlord’s Agent made the following submissions/comments: a) Carpets and a cooker are provided. b) An unsigned inventory with photographs dated September 2020 was provided. c) An assured shorthold tenancy dated 22nd May 2025 was provided including a rent payable of £675 per month. d) Lettings have been agreed on 17 other flats in the block at £875 per month. Determination and Valuation[13]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord’s Agent, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £875 pcm. This is the rent we would expect the property to let for in the open market if it was in good general condition with carpets and curtains included.[14]From the inventory taken in 2020 the Tribunal concluded that the property was already in need of some redecoration and also noted minor repair issues which merited a reduction in rent of £50 pcm. Undue hardship[15]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.[16]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.[17]The Tenant has made no submission or provided any evidence that the new rent will cause undue hardship in respect of hardship. Decision[18]Therefore, the Tribunal determines the market rent at £825 pcm with effect from 1st September 2025, this being the date specified in the Notice. 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.