Ground Floor Flat, 154 Warwick Road, London W14 8PS - LON/00AW/MNR/2025/1028 LON/00AW/MNR/2025/1028
REASONS
[1]On or about 26 September 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £3,000 per calendar month (pcm) in place of the existing rent of £1,600 pcm to take effect from 28 October 2025.[2]On or about 27 October 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 20 November 2019 for a term of 12 months. The rental period is monthly periodic. 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]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 an inspection and the written representations provided by the parties and its own knowledge and specialist expertise. The Property[9]The Tribunal carried out an inspection of the Property on 18 March 2026 in the presence of the Tenant, the Landlord was notified of the inspection but did not attend.[10]The Property is a ground floor flat, offering the following accommodation: 1 double bedroom with an en-suite bathroom, a kitchen/diner and a separate WC and basin. Outside: the property is let with access to a small patio rear garden. The Property benefits from double glazing, central heating and laminate florring throughout. The Property is situated in West Kensington. Evidence[11]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[12]The Tenant made the following comments: a) That she had carried out alleged repairs to the property on behalf of the landlord including the replacement of the previous laminate flooring in the ensuite bathroom. However, whilst Tribunal found that the tenant had in fact replaced the bathroom flooring, it did not consider that it did not increase the rental value of the property. b) The Tribunal attached no weight to the comparable properties because they were not supported by any evidence and simply provided asking rental prices ranging from£1,550 to £2,275 per month. None of these had the benefit of a private garden.[13]In terms of rental evidence, the Tenant had provided photographic evidence. The Landlord[14]The following comparables were provided by the Landlord: a) However, the Tribunal considered that the valuations provided by JB International and JLL of £2,750 and £2,900 per month respectively were not supported by any evidence and were simply based on asking rental prices. Therefore, the Tribunal attached no weight to this. Determination and Valuation[15]The Tribunal took no account of the monies owed by the Landlord for alleged repairs carried out by the Tenant nor allegations made by the Landlord of the Tenant unlawfully subletting the property. These matters are not within the jurisdiction of the Tribunal. The Tribunal simply carried out a market valuation of the property in its current location and condition.[16]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £2,100 pcm. This is the rent we would expect the property to let for in the open market in West Kensngton.[17]From this level of rent, the Tribunal has made adjustments in relation to the following: a) Dated and damaged laminate flooring. b) Older style kitchen. The full valuation is shown below: Starting Rent £2,100 pcm Less a) Items given under a) above) 10% £210.00 b) Items given under b) above ) for both £1,890 Market rent £1,890 pcm Undue hardship[18]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.[19]The Tenant has not asked the Tribunal to fix a later starting date in this case.[20]For the following reasons 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 is 28 October 2025. Decision[21]Therefore, the Tribunal determines the market rent at £1,890 per calendar month with effect from 28 October 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.