11 Gilda Avenue, London EN3 7UJ: LON/00AK/MNR/2026/0064 LON/00AK/MNR/2026/0064

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AK/MNR/2026/0064
Irem Akcan & Serpil BalciogluApplicantTarget Property LimitedRespondentIrem Akcan & Serpil BalciogluTenantTarget Property LimitedLandlord
Ms H BowersMr C RobertsDate 20 July 2026Property: 11, Gilda Avenue, London, EN3 7UJ

DECISION

[1]of a Market Rent sections 13 & 14 of the Housing Act 1988

REASONS

[1]The Landlord has served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,900.00 per calendar month (pcm) in place of the existing rent of £1,600.00 pcm to take effect from 6 January 2026.[2]By an application dated 28 December 2025 and received on 29 December 2025, the Tenant referred the Landlord’s Noice of Increase (Notice) proposing a new rent to the Tribunal for determination of a market rent.[3]The Tribunal wrote to the parties stating that it was considered that the Tribunal did not have jurisdiction because the Notice was not in the prescribed form and that neither the Notice nor the covering letter were dated. Representations were invited.[4]In a decision dated 5 May 2026 the Tribunal found that it did not have jurisdiction. However, it became apparent that the Landlord did not have full notice of the application and the originally correspondence from the Tribunal.[5]Therefore, in Directions dated 15 June 2026 the 5 May 2026 decision was set aside. Although the Directions did invite submissions on the jurisdiction issues but also invited submissions on the level of rent that should be determined. Inspection/Hearing[6]Neither party requested a hearing or inspection and therefore this matter was considered on the basis of the written representations. The Property[7]From the papers the Tribunal understands that this is a house with a living room and kitchen and three bedrooms and a bathroom. There is off street parking and private gardens. It has central heating and double-glazing. Evidence[8]Both the Tenant and the Landlord returned the Tribunal’s Reply forms and provided written representations that are briefly summarised below: 3 Tenants[9]In the Tenants’ Reply Form there are details of the rooms. It is stated that all the rooms had signs of mould but the living room and the three bedrooms have been repainted by the Tenants. It is also said that the carpets are old and the kitchen is functional but dated and there are missing smoke alarms. It is indicated that the carpets and curtains have been provided by the Tenants and that the white goods have been provided by the Tenants and the Landlord – but no specific details have been given. It is stated that since the commencement of the tenancy the Landlord has not carried out any repairs. The Tenants have provided some photographs that show some mould and discoloration of the walls/ceiling and signs that the Tenants have carried out re-decoration.[10]The Tenants do not provide any rental comparables but state that the Landlord’s comparables appear to be recently redecorated/refurbished and are not directly comparable due to ongoing maintenance problems at the subject property. Landlord[11]The Landlord has submitted a report by HPII that is dated 6 May 2026. This report encloses internal and external photographs of the property and states that in general the property is in fair condition. It acknowledges that there are missing fire/smoke alarms and that the second bedroom has mould around the windows and that the bathroom has mould to the grout.[12]The Landlord’s Reply Form indicates that it has not provided the carpets, curtains and white goods. It also stated that it is a 15-minute walk to Brimsdown train station and the property is close to a school, shops and a petrol station.[13]Included with the Landlord’s submission is a list from a Rightmove search of three-bedroom houses. There are seven comparables with asking rents of £2,150 to £3,250. Three of them have an asking rent of £2,300. Determination and Valuation[14]Neither party made submissions on the jurisdictional issues that were raised by the Tribunal at the commencement of this case. Although the Landlord has not used the new Form 4B as the correct notice to increase the rent, we find that the old Form 4 is essentially the same and we do not consider that this would invalidate the Notice of Increase. Likewise, we find that the Notice of Increase and the covering letter are not dated. However, as the Tenants do not take this point, we do not consider that it would be appropriate for this Tribunal to find that it does not have jurisdiction on this issue. As was previously explained any issue regarding the validity of a Notice of Increase is a matter for the County Court and the Tribunal only takes a view to ascertain whether it can proceed to 4 determine the rent. We find that in this case we do have jurisdiction and we make a determination of the rent.[15]The range of comparables provided by the Landlord are a useful guide to asking rents of three-bedroom houses in the vicinity. The range of values, with the exclusion of the asking rent of £3,250, echo the Tribunal’s views and our own expert, general knowledge of rental values in the area. The Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £2,200 pcm. This is the rent we would expect the property to let for in the open market if it was in the same general condition as the comparable properties provided by the landlord. However, we acknowledge the Tenants’ comments that for the subject Property the Landlord has not provided carpets, curtains and white goods and from the evidence of both sides there are issues with mould and defective/missing fire alarms.[16]From this level of rent, the Tribunal has made adjustments in relation to the following: a) Carpets, curtains and white goods not provided and some mould/disrepair The full valuation is shown below: Starting Rent £2,200 pcm Less a) Items given under a) above approx. 12.5% £275 £1,925 Market rent say £1,900 pcm Hardship[17]The Tenants did not raise the issue of hardship. Decision[18]Therefore, the Tribunal determines the market rent at £1,900.00 per calendar month with effect from 6 January 2026. Chair: Ms H C Bowers Date: 20 July 2026 5 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.