91 Mirabel Road, London, SW6 7EQ - LON/00AF/MNR/2025/1055 LON/00AF/MNR/2025/1055
REASONS
[1]On 29 September 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £3,250 per calendar month (pcm) in place of the existing rent of £1,842 to take effect from 22 November 2025. This being a significant increase of £1,408[2]On 27 October 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]The assured tenancy commenced on the 22 March 2014 for a term of 24 months. Hence, this is a Statutory Tenancy. Allocation of Repairs between Landlord and Tenant.[4]As per section 11 of the Landlord and Tenant Act 1985.[5]No service charges.[6]No furniture supplied by the landlord. 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/inclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent.[8]None Inspection/Hearing[9]A hearing was held at 10.00am on the 12 June 2026 at 10 Alfred Place, London WC1E 7LR.[10]The Tribunal has considered this case on the basis of an inspection, and an oral hearing, together with the papers provided by the parties and its own knowledge and specialist expertise. The Property[11]The Tribunal carried out an inspection of the Property on 12 June 2026 in the presence of the Tenant; the Landlord’s agent was notified of the inspection but did not wish him to attend.[12]The property is a converted first and second floor duplex flat forming part of a three storey Victorian property with loft conversion. The property offers the following accommodation: living room, kitchen, two bedrooms, bathroom, en-suite shower room and roof terrace. The flat measures approximately 91m2 and has an EPC Rating of C.[13]Outside: The building has brick and stucco elevations under a pitched and flat roof. There is a roof terrace. There is a residents parking scheme in operation. The property benefits from gas central heating and has recently fitted plastic double hung sash double glazed windows. The landlord provided floor coverings, white goods, curtains and blinds. The Property is situated in an established residential area amongst dwellings of a similar age and type convenient to local amenities and Fulham Broadway underground station. Evidence[14]The hearing was attended by the Tenant and his wife and the Landlord’s representative, Mr Brown. Both parties completed the Tribunal’s Reply forms together with a range of comparable evidence for two bedroom flats in the area. Initially, the Tribunal was of the opinion no written evidence was provided by Mr Brown. However, this was misplaced, and the Tribunal apologises to the parties for the inconvenience caused. The Tenant.[15]The Tenant made the following comments: a) There had previously been re-occurring damp staining to the internal walls due to a leak from the roof terrace. (roof terrace) b) The new roof covering does appear to have the appropriate falls for drainage purposes, and the promenade tiles are already lifting. c) The timber flooring in the kitchen and living room is damaged. d) The property has an unusual layout with the kitchen and living room on different floors. e) There are problems with the hot water pressure. f) The kitchen and sanitary fittings are dated. g) The comparable evidence provided by the Tenant provides a range of £2,450-£2650 per month. The Landlord[16]The Landlord’s agent made the following comment: a) A schedule of comparables was presented to the Tribunal which ranged from £2,500-£3,250 and he confirmed in his opinion rents are still increasing. b) This evidence fully supported the proposed rent increase taking into account the large floor area and roof terrace. c) Mirabel Road in a sought after location. d) In the past damp problems were caused by a roof leak causing damp and mould. e) The roof covering was renewed in June 2024 and recent water ingress was due to a blocked gutter which has been remedied. f) The windows and doors were recently replaced at a cost of £11,000 g) The flat was redecorated in 2025. h) The offer of replacement carpets was made but refused by the Tenant. Determination and Valuation[17]Relying on its own expert, general knowledge of rental values in the area, and the comparable evidence provided by the parties, the Tribunal considers that the market rental of the subject property fully modernised and in good order would be in the order of £3,100 per month. 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.[18]The Tribunal has considered very carefully the information provided by the tenant and the findings during the inspection. Using its own expertise, the Tribunal considers that a deduction of £275 should be applied in order to take account of the above matters. This reduces the figure to £2,825 per month.[19]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.[20]The Tribunal has made adjustments in relation to the matters outline by Tenant. following: The full valuation is shown below: Starting Rent £3,100 Less £275 Market rent £2,825 pcm Decision[12]Therefore, the Tribunal determines the market rent at £2,825 per calendar month with effect from the 22 November 2025, 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.