89 Lower Road Orpington Kent BR5 4AJ LON/00AF/MNR/2026/0105
REASONS
[1]A landlord’s notice dated 15 January 2026, was served under Section 13(2) Housing Act 1988 proposing a new rent of £1650 pcm in place of the passing rent of £1500 pcm to take effect from 22 February 2026.[2]On 15 January 2026 under S.13(4)(a) Housing Act 1988 the tenant referred the landlord’s notice proposing a new rent to the Tribunal for determination via completed standard Form 6.[3]The assured tenancy is now calendar monthly periodic. Allocation of Repairs between Landlord and Tenant[4]As per S.11 Landlord and tenant Act 1985. Landlord’s Service Charges and Furniture provided and costs.[5]None. Liability for Council Tax[6]Tenant. Other relevant terms of tenancy[7]None Inspection and Hearing[8]An inspection is not routinely carried out. The Tribunal is content that it has sufficient information on the Property, its condition and on comparables, from a combination of the written and photographic representations received and from its own knowledge and specialist expertise. Property[9]There was no inspection. The Property is a mid terraced house dating from the 1900’s of the conventional style. The Property has 2 bedrooms, living room, kitchen dining room, bathroom/ WC, on 2 levels. There is a small front yard steps up to the house. There is no off street parking but on street parking is unrestricted. The Property is one in a terrace of similar houses. The terrace faces allotment gardens across the road. It is in a long established residential area. (Google Streetview March 2025).[10]The Property appears to be of traditional construction, rendered painted brick. Main roof is double pitched tiled and appears to be in good condition. There are PVCu double glazed windows and central heating. There is no mention of white goods from the landlord a modern bathroom and kitchen. There was no mention of furniture or curtains. The carpets present needed replacement. Evidence[11]The Tribunal received completed Form 1 (and Form 6) from the tenant. Form 1a from the landlord was not received. The Tribunal is grateful for such information as was provided by one or both of the parties. Tenant[12]The tenant referred to the basic condition inside the Property as being poor in places; including: A radiator did not heat up, the WC leaked, pipe to the shower was broken and the kitchen pipework leaked, for example, so they reported that they fixed both when the landlord failed to do so.[13]The tenant suggested a new rent of £1500 pcm for the Property at the valuation date. Landlord[14]The Tribunal received no representations from the landlord in Form 1a. Law[15]In accordance with the terms of S.14 of the Act we are required to determine the rent at which we consider the property might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Thus the Property falls to be valued as it stands; but assuming that the Property to be in a reasonable internal decorative condition. Valuation[16]From the Tribunal’s own general knowledge of market rent levels in Orpington it determines that the subject Property would let on normal Assured Shorthold Tenancy (AST) terms, for £1650 pcm, fully fitted and in good order. This is the rent we would expect the Property to let for in the open market if it was in the same condition as comparable properties including landlord’s white goods carpets and curtains.[17]From the representations the Tribunal found the minor defects within the Property, the plumbing issues, the defective radiator, the absence of white goods, carpets and curtains. The Tribunal makes a small deduction of £100 to reflect these shortcomings, leaving a new market rent at £1,550 pcm. Undue Hardship[18]A new rent takes effect from the date in the landlords notice. In cases of undue hardship the Tribunal has discretion to fix a later starting date. The tenant did not seek allowance for undue hardship. Decision and effective start date[19]The Tribunal sets the starting date of the new rent of £1550 pcm, from the date of the notice, 22 February 2026.[20]Although the landlord is not obliged to charge this rent and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation; they may not charge more than this figure. Chairman N Martindale FRICS Date 26 June 2026 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. 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 decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013). If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the property, and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).