9 Butteridges Close, Dagenham RM9 6YD: LON/00AB/MNR/2026/0075 LON/00AB/MNR/2026/0075
REASONS
[1]On 29 November 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,600 per calendar month(pcm) in place of the existing rent of £1,100 per month to take effect from 9 January 2026. This being an increase of £500.[2]On 19 December 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]It is stated that the original assured tenancy commenced on the 9 March 2019. The Tribunal were presented with a copy of the agreement at a passing rent of £1,1 00 per month. The tenancy was for a term of 6 months; therefore, this is a statutory tenancy agreement. 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:[5]No furniture supplied by the landlord.[6]No service charges. Liability for Council Tax[7]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.[8]It is assumed; there are none. Inspection/Hearing[9]The tenant initially requested an inspection but in her Rent Appeal Statement this request was reversed. A hearing was not requested by the parties.[10]The Tribunal has therefore, considered this case on the basis of the papers, together with the papers provided by the parties, Rightmove, and its own knowledge and specialist expertise. The Property[11]The property is a purpose built first floor flat forming part of a three-storey block built in 1992. The accommodation comprises, two bedrooms, living room, kitchen and bathroom. The flat has an EPC Rating of D which is average and a stated floor area of 57m2. The flat has electric panel heaters, double glazed windows which have defective seals causing misting and carpets. Outside: The property has brick and render elevations under a pitched and tiled roof. There is a communal garden and allocated parking space. The Property is situated in an established residential area close to local amenities. Evidence[12]The Tenant returned the Tribunal’s completed Rent Appeal Statements together with helpful photographs. The landlord did not provide any submissions. The Tenant.[13]In the written evidence the Tenant made the following comments: a) The windows are completely misted over due to defective double-glazing seals b) The kitchen and bathroom fittings are dated, and the property is not fully modernised compared to the comparable evidence. c) There is evidence of mould to the main walls The Landlord.[14]The Landlord did not provide any evidence. Determination and Valuation[15]Relying on its own expert, general knowledge of rental values in the Horley area together with the comparable evidence provided by the landlord and tenant, the Tribunal considers that the market rental of the subject property modernised and in good condition would be in the order of £1600 per month. This is the rent we would expect the property to let for in the open market including having white goods and curtains provided by the landlord.[16]From this level of rent, the Tribunal has made adjustments in relation to the following: a) The general condition of the property based upon the photographic evidence. b) Original kitchen and bathroom fittings[17]The Tribunal has considered very carefully this information and using its own expertise considers that a deduction of £250 should be applied in order to take account of the of the above matters. It should be noted that this figure cannot be a simple arithmetical calculation and is not based upon capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant. The full valuation is shown below: Starting Rent £1,600 Less Items given under a) and b) above £250 Market rent £1,350 pcm Undue hardship[18]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.[19]The tenant has stated in the application that she receives Universal Credit and has three children. However, no further evidence was provided to the Tribunal and for this reason we cannot conclude undue financial hardship would be caused by this determination. Decision[20]Therefore, the Tribunal determines the market rent at £1,350 per calendar month with effect from the 9 January 2026, being the date of the Landlord’s 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.