Flat 34 Bishops Court, Radcliffe Road, Croydon, London, CR0 5QH :LON/00AH/MNR/2026/0463 LON/00AH/MNR/2026/0463
REASONS
[6]On 14 April 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,250 per calendar month (pcm) in place of the existing rent of £1,665 pcm to take effect from 1 June 2026. On 31 May 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 assured tenancy commenced on 30 September 2023 for a term of 12 months. The rental period is monthly. On 10 June 2026, confirmation was received that the Landlord had provided authority for the Landlord’s Representative to act on their behalf. On 11 June the Landlord’s Representative was provided with the MR2 form and advised that they should respond within 28 days (by 9 July). On 5 August 2026 the Landlord’s Representative submitted a Form Order 1 requesting an extension of time until 11 August to submit the MR2 form. The reason for the request was that the Landlord’s Representative had been “extremely busy”. The determination of this case had already been listed for 11 August and the Form Order 1 was considered by the Tribunal. The Tribunal denied the Landlord’s Representative’s request for an extension. The Landlord’s Representative had ample time to request an extension in advance of the original deadline for return of the MR2 form. The Tribunal also did not consider the reason for the request to have merit. The Landlord’s Representative was aware of the timescales for submission of evidence and having taken the case, should have been able to comply. The Tribunal therefore proceeded to determine the market rent. Allocation of Repairs between Landlord and Tenant.[7]As per section 11 of the Landlord and Tenant Act 1985. Services Charges or furniture provided by Landlord (other than carpets and curtain and white goods specified below) and the costs relating to the same.[8]N/A 2 Liability for Council Tax[9]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.[10]N/A Inspection/Hearing[11]Neither party requested an oral hearing or inspection. 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[12]The Tenant provided some internal and external photographs of the Property.[13]The Property is a first floor flat in a three storey purpose-built block, offering the following accommodation: Three bedrooms, a living room, kitchen and bathroom. The Property benefits from double glazing and central heating. The floors are carpeted. The Property is situated to the east of Croydon town centre. East Croydon station is approximately three quarters of a mile to the west. Lebanon Road and Sandilands tram stops are both approximately a quarter of a mile from the Property. Evidence[14]The Tenant provided information within their application form. The Landlord did not respond within the Tribunal’s timescales. The Tenant[15]The Tenant made the following comments: 3 a) There are ongoing damp and wall conditions affecting the living conditions within the flat. No photographs or evidence of reports of the issue being made to the Landlord were provided. b) The Property has not been renovated or modernised.[16]The Tenant did not provide any rental evidence. They commented that other family members living within the same estate are paying significantly lower rents. No specific details of the terms of the tenancy agreements or properties were provided.[17]The Tenant confirms they consider the market rent to be £1,665 - £1,700 pcm. Determination and Valuation[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 £1,750 pcm.[19]The Tribunal has taken into account the configuration, specification and condition of the property in arriving at the level of rent achievable in the open market set out above and therefore makes no further adjustments. Undue hardship[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. They comment that their income is limited and they have substantial monthly living expenses. No evidence to substantiate their financial circumstances was provided.[22]On the basis that no supporting evidence was supplied by the Tenant, the Tribunal considers that undue hardship has not been demonstrated and accordingly sets the starting date for the new rent as 1 June 2026. Decision[23]Therefore, the Tribunal determines the market rent at £1,750 per calendar month with effect from 1 June 2026. 4 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