141 Levita House, Chalton Street, London, NW1 1HR - LON/00AG/MNR/2026/0040 LON/00AG/MNR/2026/0040
REASONS
[1]On 10 November 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,ooo per calendar month (pcm) in place of the existing rent of £1,400 per month to take effect from 1 January 2026. This being an increase of £600.[2]On 3 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 29 June 2020. The Tribunal were presented with a copy of the agreement at a passing rent of £1,400 per month payable on the first of the month. The tenancy was for a term of 12 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]The tenant states the property was semi furnished with a fridge and cooker.[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 parties did not request a hearing or inspection.[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 ground floor flat forming part of a six storey Grade II Listed building built in the 1930’s with communal areas. The accommodation comprises, bedroom, living room, kitchen and bathroom. The flat has an EPC Rating of D which is average and a stated floor area of 55m2. The property has gas central heating, double glazed windows and floor coverings. Outside: The property has render elevations under a tiled mansard roof. The Property is situated in an established mixed area close to local amenities and Euston station Evidence[12]The tenant returned the Tribunal’s completed Rent Appeal Statement together with helpful photographs and comparable evidence of recent lettings in the Euston area. The landlord did not submit any evidence. The Tenant.[13]In the written evidence the Tenant made the following comments: a) There is mould and damp to the kitchen and bathroom. b) The tenant provided 6 “snap shots” of one-bedroom flats. However, there are no details of the lettings. For these reasons the Tribunal can only place limited weight on them. c) There have been ongoing water leaks which has caused damage to the flat. 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 Euston area together with the comparable evidence provided by the tenant, the Tribunal considers that the market rental of the subject property modernised and in good condition would be in the order of £1,800 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 the following adjustments in relation to the following: a) The condition of the flat based upon the photographic evidence[16]The Tribunal has considered very carefully this information and usings its own expertise considers that a deduction of £75 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 £1,800 Less a) Items given under a) above £200 Market rent £1,600 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 he receives Universal credit for payment of the current rent, and a PIP (Personal Independence Payment) for mobility and metal health issues. The tenant provided the Tribunal evidence to confirm these matters. Therefore, any increase in rent will cause severe financial hardship.. On the basis of the evidence supplied by the tenant, the Tribunal considers that there is sufficient evidence to show this will cause undue hardship and accordingly sets the starting date for the new rent as 27 May 2026, being the date of the Tribunals decision. Decision[19]Therefore, the Tribunal determines the market rent at £1,600 per calendar month with effect from the 27 May 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.