Flat 2, 201 Oxlow Lane, Dagenham, RM10 7YA:LON/00AB/MNR/2026/0209 LON/00AB/MNR/2026/0209
REASONS
[1]On 19 February 2026, the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,700 per calendar month (pcm) in place of the existing rent of £1,600 pcm to take effect from 30 April 2026.[2]On 29 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 tenancy commenced on 30 April 2025 for an initial term of twelve 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]Service charges are not applicable for the subject property.[6]The property is part furnished. Furnishings include two sofas, a dining table and chairs, three wardrobes, two chests of drawers, two bedside tables, a fridge freezer, electric cooker and washing machine. 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. Inspection/Hearing[8]Neither party requested an oral hearing or inspection. 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 two bedroom first floor flat comprising a living/sitting room, kitchen, bathroom and two double bedrooms. The Property benefits from electric heating, double glazing and wooden flooring. The Property is situated in Dagenham. 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 raised concerns about the Landlord’s completed reply form and stated that there were some inconsistencies within the form which was completed by the Landlord’s agent. b) The Tenant stated that the comparable evidence provided by the Landlord via their agent is not a fair reflection of the current market and also submitted Zoopla and Rightmove links to alternative comparable evidence.[12]In terms of rental evidence, the Tenant provided Zoopla and Rightmove links to seven properties in Dagenham, RM10 which had previously been advertised for rent at asking rents ranging from £1,500 to £1,600 pcm. The Landlord[13]Bairstow Eves as the Landlord’s agent submitted details of eleven Rightmove advertised properties with asking rents ranging from £1,650 to £1,900 pcm. Of these eleven properties three had been let and the remaining eight were still available as of the date of the report submitted by Bairstow Eves. Determination and Valuation[14]The Tribunal considers the comparables provided by the Landlord and Tenant are worthy of consideration but it is clear that the condition of the properties varies and the properties being offered at lower rents are not in the condition that would generally be expected for a tenantable property in good order. Likewise it is noted that the comparable properties being marketed at higher asking rents had not resulted in lettings at the date of the report. Nevertheless the Tribunal is grateful to the Landlord and Tenant for submitting the comparable evidence.[15]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord and Tenant, the Tribunal considers that the market rental of the subject Property in good order would be in the order of £1.650 pcm. This is the rent we would expect the property to let for in the open market in good tenantable condition.[16]In the event of material valuation considerations the Tribunal would make adjustments in relation to these but in this case there are no issues reported by the Tenant aside from some reported window drafts. These are not considered to be a material consideration and therefore no adjustments are required. Market rent £1,650 pcm Undue hardship[17]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.[18]The Tenant has stated that hardship is a factor due to a recent reduction in working hours and associated income.[19]In these circumstances the Tribunal does not consider that increasing the rent from the date in the Landlord’s Notice would cause undue hardship and accordingly sets the starting date for the new rent as 30 April 2026. Decision[20]Therefore the Tribunal determines the market rent at £1,650 per calendar month with effect from 30 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.