205 Gooshays Drive, Romford, RM3 8YJ: LON/00AR/MNR/2026/0226 LON/00AR/MNR/2026/0226
REASONS
[1]On 20 March 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,950 per calendar month (pcm) in place of the existing rent of £1,300 pcm to take effect from 29 April 2026.[2]On 3 April 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.[3]The assured tenancy commenced on 29 November 2013 for a term of 12 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]N/A 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]N/A Inspection/Hearing[8]In their application, the Tenant requested an inspection of the Property on the basis of its condition. The Tenant did not request a hearing.[9]A Form MR2 was received from Bairstow Eves Lettings Countrywide on 23 April 2026. The Tribunal requested confirmation that Bairstow Eves Lettings Countrywide was authorised to act as the Landlord’s representative. On 13 May 2026, the Landlord submitted a Form MR2, which was incomplete as pages were missing and made no reference to an inspection or a hearing.[10]The case was reviewed by a legal officer who decided an inspection was not necessary because the photographs provided were sufficient for the Tribunal to consider the condition issues without the need for an inspection. The form provided by Bairstow Eves Lettings Countrywide was not considered with regards to the inspection, because confirmation had not been received that they were the duly authorised representative of the Landlord. Neither party objected to the decision of the legal officer.[11]The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise. The Property[12]The Property is a terraced house, offering the following accommodation: A living room, kitchen, two double bedrooms, one single bedroom and a bathroom. Outside there is a rear garden and front driveway. The Property has double glazed windows and central heating. The Tenant’s MR1 form stated that the windows were single glazed, but the photographs provided have double glazed windows. The Property is situated in the Harold Hill area of Romford. Romford town centre is approximately three miles to the southwest. The Harold Wood Elizabeth Line Station is approximately one mile to the south. Evidence[13]Both the Tenant and the Landlord returned the Tribunal’s forms. The Tenant[14]The Tenant made the following comments: a) They have made improvements to the front driveway by painting and resurfacing the walls. b) There are cracks in the walls/ceilings and a leak from the bathroom into the kitchen. c) Additionally there are broken fences.[15]In terms of rental evidence, the Tenant commented that the Landlord’s comparables are larger and of a higher specification than the Property. The Landlord[16]The Landlord made a general statement that comparable properties were on the market for between £2,000 and £2,450 pcm. They consider the market rent is £2,500 pcm if some works were carried out, but have reduced this to £1,950 pcm to reflect the condition of the Property.[17]The Landlord points out that the rent for the Property has not increased since the start of the tenancy in 2013. Determination and Valuation[18]Neither party has provided specific comparable evidence, only general statements about the market.[19]Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the market rental of the subject Property in good order would be in the order of £2,000 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 comparable properties. This market rental level takes into account the size and specification to the Property, i.e. that full modernisation has not been carried out.[20]From this level of rent, the Tribunal has made adjustments in relation to the following: a) The generally poor decorative condition of the Property. The full valuation is shown below: Per calendar month Starting Rent £2,000 Less Poor decorative condition ) approx. 5% £100 Market Rent £1,900 Undue hardship[21]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.[22]The Tenant has asked the Tribunal to fix a later starting date in this case. The Tenant provided recent payslips in support of this request.[23]The Landlord did not provide any comments.[24]Based on the information provided by the Tenant, the Tribunal considers that for the increase to take effect from the date in the Landlord’s Notice would cause undue hardship and accordingly sets the starting date for the new rent as 29 June 2026. Decision[25]Therefore, the Tribunal determines the market rent at £1,900 per calendar month with effect from 29 June 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 (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.