81 Dalston Gardens, Stanmore, Middlesex, HA7 1DA: LON/00AQ/MNR/2026/0127 LON/00AQ/MNR/2026/0127
REASONS
[3]On 16 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £185.55 per week in place of the existing rent of £177.05 per week to take effect from 6 April 2026. On 4 March 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 16 February 1998. The rental period is weekly. This is a social housing tenancy. Allocation of Repairs between Landlord and Tenant.[4]As per section 11 of the Landlord and Tenant Act 1985. Part II of the tenancy agreement sets out the Landlord’s obligations and Part III sets out the Tenant’s obligations. Services Charges or furniture provided by Landlord (other than carpets and curtains and white goods specified below) and the costs relating to the same.[5]None. Liability for Council Tax[6]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.[7]None. Inspection/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 Property is a terraced house offering the following accommodation: 3 bedrooms (one described as a box room), 1 reception area, 1 kitchen, 1 bathroom and toilet. Outside: a garden. The Property appears to benefit from heating by gas boiler and radiators and double glazing. The Property is situated in the Stanmore area of North-West London. Evidence[10]The Landlord did not return the Tribunal’s Reply forms. The Tribunal therefore considered the Tenant’s application and supporting documents only. The Tenant.[11]The Tenant made the following comments.[12]The Tenant contended that the Section 13 notice was invalid because in the attached guidance notes it referred to the wrong version of the Tribunal application form.[13]The Tenant provided some photographs showing parts of the Property in a tired condition although made no specific allegation of disrepair. The Tenant declined to provide photographs of all rooms for personal reasons.[14]The Tenant stated that they have carried out improvements to the Property including replacement of the kitchen door, erection of fencing and replacement of carpets. No evidence to support this claim was provided.[15]In terms of rental evidence, the Tenant referred to government statistics (unspecified) contending that social rents were on average £450 to £500 per month nationally and higher in London at £140.70 per week. The Landlord.[16]The Landlord did not provide evidence in reply. 3 Determination and Valuation Validity[17]The Tribunal considers that the statutory criteria for the content of Section 13 notices has been met. There is no requirement to state the Tribunal form so stating the incorrect one does not invalidate the notice. The notice is therefore valid.[18]Relying on its own expert, general knowledge of rental values in the area, and the limited information provided by the Tenant, the Tribunal considers that the market rental of the subject Property would be in the order of £530.77 per week. This is the rent we would expect the Property to let for in the open market.[19]The Tribunal has taken account of the general condition of the Property. It was not clear what defects are alleged by the Tenant. The photographs supplied by the Tenant showed some condensation and rotting of wooden frames. This was insufficient to establish the extent of any defects, especially without other photographs. Market rent Undue hardship £530.77 per week[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 referred to a long term serious to chronic medical condition but was unwilling to provide further detail for personal reasons. The Tenant also mentioned uncertainty in the employment market and termination of employment as a result of business failure but provided no details or evidence. The Tribunal finds nothing exceptional or which otherwise amount to undue hardship.[22]The Landlord did not reply to the Tenant’s application.[23]The Landlord’s proposal of £185.55 per week equates to a rent increase of £8.50 a week. The date specified in the landlord’s notice was 6 April 2026. On the basis of the evidence supplied by the Tenant, the Tribunal considers that for the increase to take effect from the date in the Landlord’s Notice would not cause undue hardship and accordingly sets the starting date for the new rent as 6 April 2026. 4 Decision[24]Therefore, the Tribunal determines the market rent at £530.77 per week and the Landlord’s proposal of £185.55 per week is to be applied with effect from 6 April 2026, subject to any adjustments arising for the tenancy agreement being a social housing tenancy. 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