18 Sterling Place London W5 4RA LON/00AJ/MNR/2026/0380
REASONS
[1]A landlord’s notice dated 13 April 2026, was served under Section 13(2) Housing Act 1988 proposing a new rent of £2050 per calendar month in place of the passing rent of £1586 pcm to take effect from 1 June 2026.[2]At a date, prior to the effective date, under S.13(4)(a) Housing Act 1988 the tenant referred the landlord’s notice proposing a new rent, to the Tribunal for determination.[3]The assured tenancy is now periodic calendar monthly. 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]Double bed, wardrobe, chest of drawers, sofa, dining table and chairs, kitchen table. There were floor coverings and white goods. 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 any photographic representations received and from its own knowledge and specialist expertise. Property[9]There was no inspection. The Property is a first floor flat purpose built late 1980’s. The Property has two bedrooms, living room, kitchen, bathroom wc. It is part of a low rise 3 to 4 storey Building of similar flats of the same age on a small housing estate of same. Access to upper floors is from a shared internal communal staircase.[10]The road consists of very similar buildings in an established residential area. There are on street parking restrictions to side roads with communal gardens and off street parking at no apparent additional charge, with the Property. (Google Streetview April 2018).[11]The Building is of traditional brick fair faced external appearance. The main roof over the Building appears to be double pitched hipped and tiled. The Building seems to be in good to fair order. Window glazing appears to be double glazed timber windows to the Property. There is electric powered storage heating (space and water). Evidence[12]The Tribunal received completed Form MR 1 from the tenant. Form 1a from the landlord was received. The Tribunal is grateful for such information as was provided by one or both of the parties. Tenant[13]The tenant contested the form or content of the landlords S.13 Notice and the new rent. The tenant referred to a recent request from the landlord to enter a new fixed term tenancy from 1 May 2026. It was unclear how and when the passing rent at the Property had last been set. The tenant felt that the rent should reduce to £1700 pcm.[14]There was only electric not gas fired heating, more expensive, less responsive. There were no drying areas, mould to wall patches, little storage space, and whilst the bathroom and kitchen were functional they were old fashioned and largely consisted of tired original fittings. The tenant referred to similar flats with 2 bedrooms with rents ranging from £1750 to £1850 pcm. Landlord[15]In their MR1a Form, the landlord provided some comparable material that suggested a new rent in the range from £1950 to £2250 pcm were being achieved for relatively modern purpose built flats dating from the 1980’s/ 1990’s, in the estate. Law[16]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. Validity[17]The Tribunal concluded that the tenant had queried the validity by suggesting that the rent review notice was not served or effective within 12 months of a previous rent increase. The information provided suggested that the previous rent increase was not effected under the S.13 process and that this did not affect the current notice. Valuation[18]From the Tribunal’s own general knowledge of market rent levels in LB Ealing for a Property of this type prices ranged between £1900 pcm and £2250, it determines that the subject Property would let on normal Assured Periodic Tenancy (APT) terms, for £2000 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 and carpets in the Property and communal areas.[19]The Property had electrically powered storage heating rather than gas fired wet circuit heating. The Tribunal considers this more expensive and less controllable than the conventional water and space heating combined gas powered version and makes a modest deduction for this shortcoming of £100 pcm. The Tribunal therefore determines the new market rent at £1900 pcm. Undue Hardship[20]Allowance for hardship from this increase in the rent was sought by the tenant in their application. The materials and detail provided did not provide enough for the Tribunal to consider that “undue” hardship would result. If it had the Tribunal could delay the effective date of the increase up to the date of the hearing. No change to the effective date of the new rent is made by the Tribunal therefore. Decision and effective start date[21]The starting date of the new rent of £1900 pcm inclusive to be levied is from and including 1 June 2026.[22]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. Otherwise any further reduction in this figure on what is levied, is a matter between the parties, only. Chairman N Martindale FRICS Date 22 July 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).