2a Alexandra Road London, NW4 2SA: LON/00AC/MNR/2026/0134 LON/00AC/MNR/2026/0134
REASONS
[1]On 7 January 2026, the landlord served a notice under section 13(2) of the Housing Act 1988 which proposed a new rent of £1300.00 per calendar month (pcm) in place of the existing rent of £1067.08 pcm to take effect from 1 March 2026.[2]On 28 January 2026, under section 13(4)(a) of the Housing Act 1988, the tenants referred the landlord’s notice proposing a new rent to the tribunal for determination of a market rent.[3]The tenancy commenced 1 August 2023 as 12-month contractual assured shorthold tenancy. The rental period was monthly payable on the 1st of the month, initially at £1067.08 pcm.[4]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.[5]The tribunal did not inspect the property and determined the matter on the papers.[7]Material received outside the Directions has not been considered.[9]The tribunal has considered the written submissions of the parties. The tribunal finds the landlord to be responsible for repairs.[11]The tribunal has considered the written submissions of the parties. The tribunal finds that the tenant to be responsible for payment of council tax and utilities.[13]The Landlord noted in their Reply Form [34/42] that an inspection was not required because the tenant had not informed the landlord of any disrepair.[14]The tribunal has considered the evidence and considers that the number of photographs, and their relevant descriptions provide sufficient information to make an inspection disproportionate.[15]By virtue of a decision with reasons dated 13 May 2026, the tribunal determined the rent will be determined without inspection.[18]The tribunal from review of papers finds; the property is a flat over the ground and first comprising; one living room, one kitchen within the living room, one bathroom, one bedroom. Outside there is a car parking space. [9/42][32]The tenant identifies at 12.1 of their application form; some windows cannot be closed resulting in heat and noise issues. [15/42]. The landlord states that the tenant has not informed them of any disrepair at the date if the tenants form submission or date of the landlord’s Reply. It is for the applicant to prove their contention in respect of the windows. In the absence of any documentary or photographic evidence, the tribunal finds that the windows are not in disrepair.[34]The tenant [ 12/42] notes that they have replaced curtains and blinds.[35]The submissions do not include whether the property has double glazing, central heating, carpets and white goods.[36]The tribunal finds in the absence of evidence to the contrary, that the property has a specification that would be expected in the market that is with double glazing, central heating and carpets or flooring supplied by the landlord.[50]The landlord proposed that the rental level of the property should be £1300.00 pcm as at 1 March 2026.[51]The landlord within their Reply Form noted several comparables, Second Avenue, Hendon one bedroom at £1365 pcm. A second comparable of a one-bedroom conversion flat in Audley Road at £1400 pcm. A third at Vaughan Avenue one bedroom conversation, £1425 pcm. A fourth Sunny Gardens Road, ,a conversion one bedroom, at £1450 pcm.[53]The tenants submit that the property should have a rent determined as £1067.08 per month.[55]The valuation date is the effective date of the rent proposed in the Notice of Increase. This is 1 March 2026.[56]The tribunal values the property on the basis that;[57]The condition of the property disregards any tenant’s improvements; there are none in this case.[58]That the terms of the tenancy are such that landlord has responsibility for repairs.[60]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the landlord and the tenants, the tribunal determines that the market rental of the subject Property modernised and in good order would be in the order of £13o0.00 pcm.[61]From this level of rent, the tribunal has made adjustments in relation to condition and specification found above.[66]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.[67]The tenants have within their application section 13 [16/42] that the tenant is temporary unemployed and receives universal credit.[68]On balance the tribunal finds that the rent increase will cause undue hardship and determines a date for the new rent to come into effect of the date of decision. Decision[69]Therefore, the tribunal determines the market rent at £1300.00 per calendar month with effect from 24 June 2026.[71]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 (SI 2013/1169)) stating the grounds upon which it is intended to rely in the appeal.