John Piasecki and Claire PiaseckiApplicantGreen Square Accord LimitedRespondentDate 6 August 2026
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 £977.52 per calendar month (“pcm”) for the Property in place of the existing rent of £850.02 pcm to take effect from 1st April 2026.[2]On 24th March 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 in 2014. Allocation of Repairs between Landlord and Tenant.[4]The Landlord is responsible for repairs. Service Charges or furniture provided by Landlord (other than carpets, curtains 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 The Property[8]The Property is stated to be a semi-detached house with accommodation including a hall, kitchen, utility, wc, lounge/diner, bathroom, 2 bedrooms and a boxroom. Outside there is a garden. The house is situated within a modern residential area on the west side of Dursley.[9]The property has gas-fired central heating and double-glazed windows. White goods and carpets are provided by the Landlord. Evidence[10]The Tenants provided an application form with supporting documents and photographs. The Landlord did not respond to the Tribunal.[11]Any personal circumstances are not to be taken into account by the Tribunal. Tenants.[12]The Tenants made the following submissions/comments: a) There has been no active management by the Landlord. b) The Landlord is seeking to change the terms of the Tenancy. The Landlord[13]The Landlord did not respond to the Application. Determination and Valuation[14]The Tribunal's jurisdiction is limited to determining the market rent under sections 13 and 14 of the Housing Act 1988 and does not extend to determining disputes concerning tenancy classification, housing management, repairs or proposed variations to tenancy terms.[15]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 £1,050 pcm.[16]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 comparable properties including having white goods, flooring and curtains provided by the landlord. 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 a submission that the proposed increase would cause hardship but has provided no evidence that it would cause undue hardship. Decision[14]Accordingly, the Tribunal determines that the new rent of £1,050 shall apply from the date specified in the Notice, that is 1st April 2026.[15]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.