C Piarroux JPM LynchDate 19 May 2026Property: Flat 329 Academy Court, 566 Longbridge Road, Dagenham, RM8 2FF Majlinda Muhadri C/O WaterhouseType of application: sections 13 & 14 of the Housing Act 1988 R Waterhouse FRICS
REASONS
[7]On 15 April 2025, the landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1800.00 per calendar month (pcm) in place of the existing rent of £1300.00 pcm to take effect from 23 May 2024 [sic]. The tribunal interprets and finds this as a clear error and not one that was reasonably expected to result in an ambiguity, given the context of the Notice, were also stated elsewhere as 23 May 2025 the intended date being 2025. On 30 April 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. The tenancy commenced 23 December 2022 as twelve-month contractual assured shorthold tenancy. The rental period is monthly payable on the 23rd of the month, initially at £1300.00 pcm. Previously the issue of whether the tribunal had jurisdiction to make a determination in respect of this application was considered by the tribunal. By tribunal decision dated 23 March 2026 the tribunal determined that it did have jurisdiction. Subsequent to the decision directions were issued and this hearing is that set out in those directions. The Tribunal has considered all evidence submitted within the timetable set out by the Directions and subsequent oral testimony. The Tribunal has not recorded all evidence submitted within the decision. The omission of a piece of evidence should not be taken that it has not been taken into consideration. Neither party requested the Tribunal to inspect the property, the hearing was held on 19 May 2026. Present at the hearing were the Applicant Majlinda Muhadri the tenant, representing the tenant Adetayo Ogunfuwa of Waterhouse solictors. The Respondent landlord appeared in person, Xhevahir Hoxha. Preliminary Matters 2[8]The tenant's representative by letter dated 22 April 2026 sought permission to rely on the Reply Form, notwithstanding it was filed two days outside the Directions. The tribunal permits the inclusion of the Reply Form. The Hearing.[9]Adetayo Ogunfuwa of Waterhouse Solicitors opened for the applicant. He described the background that the tenant had originally taken a contractual tenancy that had been renewed in 2022 but since the conclusion of the contractual tenancy the tenancy had held over as a statutory periodic tenancy.[10]Turning to the comparables the applicant made the distinction that the flat had been let unfurnished and that this represented a discount from the comparable properties cited by the applicant.[11]The comparables cited by the applicant of properties in the vicinity ranged from £1450 to £1800 pcm. Within the submission was also a suggestion of the general level of value within the specific building Academy Buildings, that of £1800 to £1850.[12]The Applicant’s representatives also asserted that it was their instructions that the property suffered from mould and when questions, that this was not contained to one room or area but general.[13]In conclusion the applicant representative suggested the rent to be determined should be less than £1600 pcm and that £1400 pcm was a reasonable figure.[14]The Respondent set out that the building in which the subject flat was located was high status and that the flat had period features such as high ceilings. That 3 the building had been converted to residential in 2010 and that they had not received an increase in rent in nine years since 2017.[15]The Respondent stated they had commissioned and received a professional report on the issue of the mould, and that the report had concluded there was not an issue. Upon questioning by the tribunal, the Respondent conceded they had not submitted the report in their submission. The Respondent felt the value of the property in rental terms now should be £1800 to £2000 pcm.[16]The Respondent said the property when let contained a sofa, blinds and curtains but not a bed.[17]The Respondent in their Reply Form gave details of two comparables in the locality, one at £1750 and one at £1850 pcm, Allocation of Repairs between Landlord and Tenant.[18]The Tribunal has considered the written and verbal submissions of the parties.[19]The tenancy agreement does not ascribe responsibilities for repairs between the landlord and the tenant. The tribunal notes that the landlord suggested in their Reply Form that they the Landlord redecorated internally the property 5 years ago. This is uncontested.[20]The tribunal in the absence of submissions finds the landlord is responsible under the Landlord and Tenant Act 1985 schedule 11 and internal decorations.l Liability for Council Tax and Utilities[21]The Tribunal has considered the written and verbal submissions of the parties. The Tribunal finds; the tenant is responsible for the payment of utilities and council tax in respect of the Property. The Property Extent and Specification[22]The Tribunal from review of papers finds from the Tenants Reply Form ; the property is a flat situated on the second floor, comprising; two living rooms, kitchen , bathroom , and a further “L shaped” area. The property has communal gardens. The building within which it is housed is a former educational building which is grand in nature. Floor Area 4 Second Living room Second Second Living room Kitchen Second Second Bathroom “L Shaped area” Improvements[23]The Reply Form completed by the tenant noted no improvements. Disrepair[24]The tenant noted in their application form that, “repeatedly has to deal with the mould in the property by repainting the property.” The Landlord states that there is no mould present and that a professional report supports this. The applicant is in the position to prove their assertions, which the landlord denys. In the absence of photographic or other evidence the tribunal cannot put much weigh on the assertion. The tribunal finds there is no evidence of, mould being an issue in the property. Specification[25]From the Tenants Reply Form it is noted the Tenant supplied the central heating, there is double glazing, but its source was not identified, that carpets and curtains are supplied by the tenant, and that the landlord has not supplied any white goods.[26]From the Landlords Reply Form they state that the landlord supplied the central heating, double glazing, carpets and curtains and white goods.[27]Additionally, by application form the tenant asserts the fridge and washing machine were provided by the landlord, but the washing machine was damaged and the applicant had to replace it, and that there has been no reimbursement by the landlord.[28]The tribunal finds that the property was converted in 2017 and on balance the property would have come with double glazing , central heating supplied by the landlord. In terms of the white goods there is agreement other than the presence of a washing machine.[29]In terms of the level of furnishing , the tenant says unfurnished and the landlord says a sofa and curtains. The tribunal finds on balance the property was neither unfurnished or fully furnished but partially furnished. 5[30]The property has; Specification Provided by Central Heating Double Glazing LL LL Carpets and Curtains White Goods LL Present Rental Evidence The Landlord[31]The landlord proposed that the rental level of the property should be £1800.00 as at 23 May 2025.[32]The landlords comparables are £1750 to £1850 pcm. Tenant’s rental evidence[33]The tenant provided within their application, five comparables; in summary they are ; Location Monthly Rent Academy Court RM8 1800-1850 1800 Key Features Furnished modern Whalebone Lane South RM8 Larger than average flat two bedrooms Spring Close, Chadwell Heath 1600 Ground floor close to station Green Lane , Dagenham RM8 1450 Two double bedrooms Determination and Valuation[34]The valuation date is the effective date of the rent proposed in the Notice of Increase. This is 23 May 2025.[35]The Tribunal values the property on the basis that;(a) The condition of the property disregards any tenant's improvements, there are none in this case.(b) That the terms of the tenancy are such that the landlord has responsibility for internal decoration and repairs 6(c) That the landlord initially supplied; double glazing, and central heating, white goods that being fridge/freezer and oven/hob and own carpets and curtains.(d) The Tribunal must make a determination under the Housing Act 1988 section 13 and 14 and cannot take into account the social or community nature of the development.[36]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the landlord, the Tribunal determines that the market rental of the subject Property modernised and in good order would be in the order of £1750.00 pcm.[37]From this level of rent, the Tribunal has made no adjustments in relation to the following: a) Partial furnished in nature and absence of washing machine. The full valuation is shown below: Starting Rent £1750.00 pcm Less Less £50 for partial furnished state Market rent Undue hardship £50 pcm £1700.00 pcm[38]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.[39]The Tenant’s representative noted during the tribunal that the applicant was on housing benefit. There was no substantive evidence that an increase in rent would cause undue hardship. The rent increase from £1400 to £1700 is £300 per month. The date in the Notice is 23 May 2025. This amounts to around 12 months or £3600 in increased rent. The tribunal accepts the applicant is on benefits, and in the tribunal view it would be difficult to conclude that on the facts of this case 7 that the applicant would not experience undue hardship. The date of the increase is set at 23 January 2026. Decision[40]Therefore, the Tribunal determines the market rent at £1700.00 per calendar month with effect from 23 January 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. 8