Ms S Beckwith MRICSMs S GreerDate 11 August 2026Property: CR0 1EFType of application: sections 13 & 14 of the Housing Act 1988 Ms S Beckwith MRICS
REASONS
[3]On 22 June 2026, the Landlord served a notice under Section 13 (2) (as amended) of the Housing Act 1988 which proposed a new rent of £750 per calendar month (pcm) in place of the existing rent of £700 pcm to take effect from 1 September 2026. On 22 June 2026, under Section 14 (A3) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of an open-market rent. The tenancy commenced on 1 September 2025. The rental period is monthly. 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 (other than carpets and curtain and white goods specified below) and the costs relating to the same.[5]The Property was let with a double bed and wardrobe. All utilities are included in the rent. Communal area cleaning is provided by the Landlord. Liability for Council Tax[6]The Landlord is responsible for the payment of Council Tax in respect of the Property. The rent determined is inclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent.[7]N/A Hearing[8]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. 2 The Property[9]The Tenant provided a floor plan.[10]The Property is a ground floor double room within a HMO with five bedrooms. In the house there is a kitchen, two WCs and two shower/washrooms. The Property is situated in Croydon, on a residential road running parallel to High Street. South Croydon station is approximately half a mile to the south. East Croydon station and the main town centre area of Croydon is less than a mile to the north. Evidence[11]The parties completed the relevant MR1 (tenant), MR2 (landlord) and MR3 (tenant’s reply). The Tenant[12]The Tenant made the following comments: a) The Property has experienced persistent damp and concerns relating to health and safety. The Tenant provided a schedule of issues provided by the Council. These related to repair/redecorating of the kitchen ceiling and bathroom following a leak, mowing the lawn in the rear garden, tidying the front garden, display of the HMO licence, fitting window restrictors in upstairs bedrooms, cleaning the extractor fan in the ground floor shower room and requiring tenants to move fridges.[13]The Tenant provided the following comparables: a) Bowen Drive, SE21 – a bedroom to rent in a flat share being advertised for £700 pcm. b) Norfolk Road, SW19 - a bedroom to rent in a house share being advertised for £700 pcm. c) Calley Down Crescent, CR0 – a bedroom to rent in a flat share being advertised for £700 pcm. d) Links Way, BR3 - a bedroom to rent in a flat share being advertised for £650 pcm. e) Croydon Road, CR0 – a studio being advertised for £700 pcm. f) Croydon, CR0 – a double room with en-suite being advertised for £660 pcm. 3 g) Croydon, CR0 – a double room in a four bed house share being advertised for £650 pcm. h) West Croydon, CR0 – a double room in a three bed house share being advertised for £700 pcm. i) East Croydon, CR0 – a double room in a two bed house share being advertised for £700 pcm.[14]The Tenant commented there are approximately 70 available rooms in CR0 1EF at £700 pcm or below.[15]The Tenant confirmed their opinion that the market rent is £650 pcm. The Landlord[16]The Landlord made the following comments: a) The Landlord confirmed that the leak reported by the Tenant has been resolved and redecoration works have been carried out. Evidence that Croydon Council’s Environmental Health Officer was satisfied with the works in May 2026 was provided.[17]The following comparables were provided by the Landlord: a) b) c) East Croydon, CR0 – a double room in a five bed house share being advertised for £750 pcm. West Croydon, CR0 – a double room in a five bed house share being advertised for £780 pcm. West Croydon, CR0 – a double room in a three bed house share being advertised for £800 pcm. d) Croydon, CR0 – two double bedrooms in a five bed house share being advertised for £860 pcm and £1,000 pcm. Determination and Valuation[18]The Tribunal is valuing the Property, taking into account its condition, at the date the new rent becomes effective as specified in the Landlord’s notice, 1 September 2026. The Tribunal notes that the water leak reported by the Tenant has been fixed and therefore does not affect the valuation.[19]The Landlord in their MR2 form stated that the Tenant had use of a living room. The Tenant disputed this and provided a floorplan. On the basis of the floorplan provided, the Tribunal finds that there is no shared living room in the Property. 4[20]The Tribunal finds the Tenant’s comparables a), b) and d) to be remote from the Property and therefore not relevant. The Tribunal placed most weight on comparables in close proximity to the Property, in similar sized houses; namely a total of five bedrooms, with one kitchen, no living room and garden.[21]Relying on its own expertise and general knowledge of rental values in the area, and the comparables provided by the Landlord and the Tenant, the Tribunal considers that the market rent of the subject Property would be in the order of £750 pcm. This is the rent we would expect the property to let for in the open market at the valuation date and if it was in the same general condition as the comparable properties including having furniture provided by the Landlord and all bills included.[22]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[12]The new rent takes effect from the date which is the beginning of the first new period of the tenancy which begins on or after the date of the determination 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 two months after it makes its determination.[13]The Tenant has asked the Tribunal to fix a later starting date in this case. The Tenant says he will be caused undue hardship because he is a full time student. Confirmation of this was provided, but no other information about the financial situation of the Tenant was given or evidenced.[14]The Landlord confirmed that they do not seek to challenge the Tenant’s personal financial circumstances, but that affordability and hardship are distinct from open market rental value.[15]As a result of our decision the rent will increase by £50 per month. On the basis that no supporting evidence was supplied by the Tenant, the Tribunal considers that undue hardship has not been demonstrated and does not fix a later starting date. 5 Decision[16]The Tribunal determines the new rent amount at £750 per calendar month with effect from 1 September 2026. 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 (rule 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.