Flat 7, 63-69 New Oxford Street, London, WC1A 1DG: LON/00AG/MNR/2026/0211 LON/00AG/MNR/2026/0211
REASONS
[3]On 23 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £293.55 per week in place of the existing rent of £239.52 per week to take effect from 6 April 2026. On 10 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. The weekly periodic tenancy commenced on 17 June 2024 and was assigned to the current tenant on 3 November 2025. The rental period is weekly. Allocation of Repairs between Landlord and Tenant.[5]As per section 11 of the Landlord and Tenant Act 1985. The Tenant is responsible for minor internal repairs and decoration. Services Charges or furniture provided by Landlord (other than carpets and curtain and white goods specified below) and the costs relating to the same.[7]The rent is inclusive of a fixed service charge. The fixed service charge in the existing rent is £24.86 per week. The Landlord’s notice specifies a fixed service charge of £68.59 per week within the proposed new rent. A breakdown of the cost of each item of service charge was provided with the information sent with the Landlord’s notice. No furniture is provided by the Landlord. Liability for Council Tax[8]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.[9]N/A 2 Inspection/Hearing[10]Neither party requested an oral hearing. 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[11]The Tenant’s application form confirms that the Property is a three bedroom flat, with kitchen, living room and two bathrooms. No photographs or dimensions of the rooms have been provided.[12]The Property is within a block which was redeveloped in 2023. It is located in Central London, close to Tottenham Court Road Station. Evidence The Tenant[13]The Tenant completed the tribunal’s Rents 1 form and included a supplementary statement of reasons for referring the notice of increase.[14]The Tenant made the following comments: a) b) The service charge has increased significantly, effectively tripling. The services have not been provided to a reasonable standard, there being issues with cleaning of common parts, refuse management and security.[15]The Tenant did not provide any rental evidence. The Landlord[16]The Landlord did not complete the tribunal’s Rents 1A form in reply and therefore did not provide any commentary on the Tenant’s application or rental evidence. Determination and Valuation[17]The Tribunal notes that the Tenant occupies the Property under a tenancy from a Housing Association. The Tribunal is required to determine the rent at which the subject property might reasonably be expected to let in the open market by a willing landlord under an assured tenancy having regards to the specific 3 conditions in Section 14 of the Housing Act 1988. The personal circumstances of the Tenant are not relevant to determining the market rent.[18]Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the market rental of the subject Property would be in the order of £4,500 per calendar month, equivalent to £1,038 per week.[19]From this level of rent, the Tribunal has made adjustments in relation to the following: a) b) The service charge payable by the Tenant. Terms and conditions of the tenancy agreement, the Tenant being responsible for internal decorations and minor repairs. The full valuation is shown below: Starting Rent £1,038 per week Less a) b) Items given under a) above Items given under b) above (approx. 5%) Market rent Undue hardship £69 £52 £121 £917 per week[20]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.[21]The Tenant has asked the Tribunal to fix a later starting date in this case, stating that she is a full-time student and single parent with three children in receipt of Universal Credit. The Tenant did not provide any supporting evidence to demonstrate the undue hardship claimed. Decision[22]Therefore, the Tribunal determines the market rent at £917 per week with effect from 6 April 2026.[23]The Tribunal notes that the Landlord has proposed a lower rent in their Notice of Increase. The Landlord is entitled, but not compelled, to charge the Tenant 4 rent at the figure determined from the effective date and may choose to charge a lower figure. 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. 5