36 Aspen Gardens, Hammersmith, London, W6 9J - LON/00AN/MNR/2025/0860 - LON/00AN/MNR/2025/0860
REASONS
[1]On 14 May 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £890 per calendar month (pcm) in place of the existing rent of £866.25 pcm to take effect from 16 July 2025.[2]On 12 June 2025, 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.[3]The assured tenancy commenced on 16 February 2017 for an initial term of six months. 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]All bills are included in the rent including water, gas, electricity, TV licence, wifi and a cleaner. The Landlord provided the Property furnished. 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 Inspection/Hearing[8]The Tenant requested a hearing and inspection. These were initially arranged for 21 November2025. The Tenant informed the Tribunal that he was not available on that date. The hearing and inspection were rescheduled for 9 March 2026 and both parties notified. Neither party attended the hearing.[9]The Tribunal attended the Property during the hours notified that the inspection would take place, but no-one was home. The Tribunal therefore inspected the exterior and the situation of the Property, but not the interior.[10]Rule 3 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 requires the Tribunal to deal with a case fairly and justly “dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties and of the Tribunal”.[11]Both parties submitted Reply Forms setting out the details of the Property. Both parties were notified of the date and times of the hearing and inspection, which had already been rearranged once at the Tenant’s request. We therefore decided it would be disproportionate to arrange another hearing and inspection to see the inside of the Property and proceeded with a determination of the rent. The Property[12]The Property is a room within a ground floor flat. It is approximately 3.6m by 2.7m.[13]There are two further bedrooms within the flat. A kitchen/dining room, bathroom and separate WC are shared by the occupants of the three bedrooms.[14]There is no outside space included within the Tenant’s demise, although there is access to communal gardens.[15]The Property is within a former council flat and benefits from double glazing and central heating.[16]The Property is situated in Hammersmith, in close proximity to the main shopping area on King Street, as well as the River Thames. Hammersmith underground station is less than half a mile to the east. Ravenscourt Park underground station is less than half a mile to the west. Evidence[17]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[18]The Tenant confirmed that there are no issues with the condition of the Property, with the Landlord responsive to any repair requirements that are reported. The Tenant disputed that the property had been refurbished in 2024 stating this took place in 2014.[19]The Tenant considers that the rental increase is unjustified based on the facilities available and similar properties on the market. The following comparables were provided by the Tenant: a) A room in a three bed flat within five minutes of Hammersmith station being marketed at £828 per month. b) A room in a four bed flat within five minutes of Hammersmith station being marketed at £850 per month. c) A room in a five bed flat within five minutes of Hammersmith station being marketed at £850 per month. d) A room in a five bed flat within five minutes of Barons Court station being marketed at £870 per month. e) A room in a seven bed flat within five minutes of Hammersmith station being marketed at £850 per month. f) A room in a four bed flat within ten minutes of Hammersmith station being marketed at £800 per month. g) A room in a three bed flat within five minutes of Ravenscourt Park station being marketed for £750 per month. The Landlord[20]The Landlord provided a document called “comparison pics”. There were no labels confirming that the photographs were of the Property or the date that they had been taken.[21]The Landlord did not provide any comparables. Determination and Valuation[22]With respect to the comparables provided by the Tenant, it is not possible to tell the exact size of the rooms being offered and it appears some may be smaller than the Property. All appear to vary in specification and condition. All state that “all bills” are included in the rent, however, it is not confirmed if this also includes a cleaner, which is provided for the Property.[23]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Tenant, the Tribunal considers that the market rental of the subject Property in good and tenantable condition would be in the order of £875 pcm.[24]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. Decision[25]Therefore, the Tribunal determines the market rent at £875 per calendar month with effect from 16 July 2025. 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.