3 Calverley Lane, Ebbsfleet Valley, Alkerden, Swanscombe, Dartford, DA10 1HQ:HAV/29UD/MNR/2026/0178 HAV/29UD/MNR/2026/0178
REASONS
[1]On 28 April 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,375 per calendar month (pcm) in place of the existing rent of £2,250 pcm to take effect from 12 June 2026.[2]On 1 June 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 12 June 2025 for a term of 12 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]N/A 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 Inspection/Hearing[8]Neither party requested an inspection or oral hearing. The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise. The Property[9]The Landlord provided a link to a virtual tour of a “Kestrel” house on the estate where the Property is located. Photographs were provided by the Tenant. An inventory was provided by the Landlord.[10]The Property is a semi-detached house, offering the following accommodation: A living room, kitchen, downstairs WC, two double bedrooms (one with en-suite), a single bedroom and a bathroom. Outside there is a rear garden and car parking space. The Property has double glazed windows and central heating. The Property is situated in a new development within the Ebbsfleet Valley. Swanscombe station is approximately 1 mile to the northeast; Greenhithe station is approximately 1 mile to the northwest; and Ebbsfleet Internation is approximately 1.5 miles to the east. Bluewater shopping centre is situated around 1 mile to the west. Evidence[11]The parties completed the relevant MR1 (tenant), MR2 (landlord) and MR3 (tenant’s reply) forms. The Tenant[12]The Tenant made the following comments: a) The immediate Ebbsfleet locality lacks town centre amenities and residents are dependent on cars. b) The Property suffers from noise from the nearby A2. c) Radiator placement restricts furniture arrangements and there is no built-in storage. d) The increase in rent proposed is above the general trend for rents in the UK.[13]In terms of rental evidence, the Tenant provided the following: a) Roberts Lane, Ebbsfleet Valley - a three bedroom semi-detached house being advertised for £2,200 pcm. b) Savery Avenue, Western Cross – a three bedroom, three bathroom detached house being advertised in May 2026 for £2,250 pcm. c) Forrest Shaw, Swanscombe - a three bedroom, one bathroom semi-detached house being advertised in April 2026 for £2,200 pcm. d) Lancaster Close, Castle Hill – a three bedroom, two bathroom semi-detached house being advertised in April 2026 for £2,000 pcm. e) Tickner Drive, Weldon – a three bedroom, two bathroom, semi-detached house being advertised in March 2026 for £2,300 pcm. f) Longhoughton Avenue, Western Cross – a three bedroom, two bathroom detached house being advertised for £2,300 pcm. g) Savery Avenue, Western Cross – a three bedroom, three bathroom detached house being marketed at £2,000 pcm. h) Roberts Lane, Weldon – a three bedroom semi-detached house being marketed at £2,300 pcm. i) Kestrel – a three bedroom house being marketed at £2,450 pcm.[14]The Tenant confirms they consider the market rent to be between £2,250 and £2,300 pcm. The Landlord[15]The following comparables were provided by the Landlord: a) Colyer Drive, Chalkwood – let on 11 May 2026 at £2,325 pcm. b) Colyer Drive, Chalkwood – let on 15 May 2026 at £2,325 pcm. c) Colyer Drive, Chalkwood – let on 30 June 2025 at £2,325 pcm. d) Calverley Lane, Chalkwood – renewed on 27 April 2026 at £2,375 pcm.[16]The Landlord further provided a list of further comparables being advertised or where lets had been agreed within 5 miles of the Property. The rents range from £2,325 to £2,375 pcm.[17]A maintenance log provided by the Landlord shows issues raised by the Tenant and how these were responded to by the Landlord’s managing agent. Determination and Valuation[18]The Tenant’s evidence generally relates to properties being marketed. In some cases the date the property was being marketed was not clear. No confirmation of the actual rents achieved has been provided. In their MR3 form, the Tenant states “An advertised or asking rent does not necessarily represent the rent ultimately agreed between landlord and tenant and should therefore be treated with caution”. The Tribunal agrees.[19]The Landlord has provided confirmation of recent completed transactions on similar properties within the immediate area. This includes three open market lettings at £2,325 pcm and a renewal at £2,375 pcm. The Tribunal finds that open market lettings to be the most relevant evidence for the valuation of the Property.[20]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 Property would be in the order of £2,325 pcm.[21]The Tribunal has taken into account the configuration, specification and condition of the property in arriving at the level of rent achievable in the open market set out above and therefore makes no further adjustments. Undue hardship[22]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.[23]The Tenant has asked the Tribunal to fix a later starting date in this case. The Tenant provided universal credit, childcare invoices and council tax bills in support of this request.[24]The Landlord did not provide any comments.[25]The Tenant has not provided sufficient evidence to demonstrate the overall financial situation of the household or how backdating the rent would cause hardship. The information provided is not sufficient to demonstrate hardship. Decision[26]Therefore, the Tribunal determines the market rent at £2,325 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.