Top Floor Flat, 3 Horton Place, Kensington, London, W8 4LZ : LON/00AW/MNR/2026/0015 LON/00AW/MNR/2026/0015
REASONS
[3]On 1 October 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,833.33 per calendar month (pcm) in place of the existing rent of £1,386.33 to take effect from 15 December 2025. This being an increase of £446.67 On 29 November 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. The assured tenancy commenced on the 10 June 2009 for a term of 12 months. The original rent of £1,38.66 is paid quarterly. Hence, this is a Statutory Tenancy. Allocation of Repairs between Landlord and Tenant.[6]As per section 11 of the Landlord and Tenant Act 1985. No service charges. No furniture supplied by the landlord. Liability for Council Tax[7]The Tenant is responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive/inclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent.[8]None Inspection/Hearing[9]The parties did not request a hearing, but an inspection took place.[10]The Tribunal has considered this case on the basis of an inspection, together with the papers provided by the parties and its own knowledge and specialist expertise. 2 The Property[11]The Tribunal carried out an inspection of the Property on 12 June 2026 in the presence of the tenant and a relative who provided translation..[12]The Property is a converted third floor flat forming part of a four storey Victorian mid terrace building offering the following accommodation: living room, kitchen, shower room and bedroom. Outside: The building has brick and stucco elevations under a slate mansard flat roof. There is residents permit parking. The Property benefits from gas central heating and has UPVC double glazed windows. The Property is situated in an established residential area amongst dwellings of similar age and type convenient to Kensington High Street and underground station. Evidence[13]The Tenant returned the Tribunal’s Reply form. The landlord did not engage with this determination. The Tenant.[14]The Tenant made the following comments: a) b) c) d) The kitchen and sanitary fittings are dated The shower is very small. The windows are single glazed. The property is located on the third floor with only a staircase which will restrict future marketability and impact on the rental value. Determination and Valuation[15]Relying on its own expert, general knowledge of rental values in the area, and the comparable evidence provided by the parties, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £2,000 per month. This is the rent we would expect the property to 3 let for in the open market if it was in the same general condition as the comparable properties including having white goods and curtains provided by the landlord.[16]The Tribunal has considered very carefully the information provided by the tenant and the findings during the inspection. Using its own expertise, the Tribunal considers that a deduction of £325 should be applied in order to take account of the below matters. This reduces the figure to £1675 per month.[17]It should be noted that this figure cannot be a simple arithmetical calculation and is not based upon capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant.[18]From this level of rent, the Tribunal has made adjustments in relation to the following: a) b) c) d) e) f) g) The dated and damaged kitchen and sanitary fittings There are scuffs and marks to the walls which would benefit from redecoration. The property is located on the third floor with no lift. The windows are single glazed. The Carpets are dated. The flat uses a commercial electricity supply, so he pays higher electricity rates. His request for a smart meter was refused by the landlord. There was a leak in the ceiling h) There are rodent droppings in the kitchen The full valuation is shown below: Starting Rent £2,000 Less Items given under a) b) c) above Market rent Decision £325 £1,675 pcm[12]Therefore, the Tribunal determines the market rent at £1,675 per calendar month with effect from the 15 December 2025, being the date of the Landlord’s notice. 4 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