Flat 4, Harold House, 8 Brook Road, Tunbridge Wells, Kent, TN2 3AY: HAV/29UQ/MNR/2026/0063 HAV/29UQ/MNR/2026/0063
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 £975.00 per calendar month(pcm) in place of the existing rent of £925.00 pcm to take effect from 1 April 2026.[2]On 9 March 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 shorthold tenancy commenced on 1 April 2025 for a term of 1 year. 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]Neither party requested an 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 Property is a first floor flat forming part of a modern three storey development, comprising the 3 rooms. The Property is situated in the High Brooms area of Tunbridge Wells within close proximity of amenities. Tunbridge Wells town centre is approximately a mile to the south. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[11]The Tenant made the following comments: a) The Tenant confirmed that the landlord had provided the white goods. b) The Tenant carried out repairs to the boiler and has sought reimbursement from the landlord. c) The flat does not have a shower, therefore comparable flats are rare. d) As evidenced by an inventory from April 2025 there are numerous signs of wear and tear throughout the flat, none of which have been repaired by the landlord throughout the duration of the tenancy. e) The proposed increase represents an increase of 5.41%.[12]In terms of rental evidence, the Tenant had provided listings from the property portal “Rightmove” which showed properties of similar accommodation with asking rents ranging from £850.00 to £925.00 pcm. The Landlord a) No submissions were received from the landlord or their agent. Determination and Valuation[13]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Tenant, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £975.00 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. 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. No application on undue hardship has been made. Decision[13]Therefore, the Tribunal determines the market rent at £975.00 per calendar month with effect from 1 April 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.