Flat 75, 7 Exchange Gardens, SW8 1BP : LON/00AY/MNR/2026/0065 LON/00AY/MNR/2026/0065
REASONS
[1]On 4 November 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £4,500 per calendar month (pcm) in place of the existing rent of £3,800 pcm to take effect from 1 January 2026.[2]On 31 December 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 1 April 2024 for a term of 6 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]The Landlord has provided double beds and two bedside tables in each bedroom and a three-seater sofa, coffee table and dining table with six chairs in the living room. Liability for Council Tax[6]The Tenants are 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]A hearing was held on 23 June 2026 at 11.15am. Mr Sheychenko and Mr Meech attended and confirmed that Mr Percy was unable to attend. The Landlord was informed of the date and time of the hearing, but informed the Tribunal that it would not attend.[9]Neither party requested an inspection. The Tribunal has considered this case on the basis of the oral hearing, the papers provided by the parties and its own knowledge and specialist expertise. The Property[10]The Landlord and Tenant returned the Tribunal’s Reply Form, giving a description of the Property and providing a floor plan with dimensions.[11]The Property is a flat on the fifteenth floor of a purpose-built residential block, offering the following accommodation: An open plan kitchen/living room. Three bedrooms, two of which have en-suites, plus a separate bathroom accessed from the hall. The Property benefits from double glazing and central heating. The building includes a concierge, communal gardens and gym. The Property is situated in Vauxhall, London. Nine Elms underground station is less than 0.5 miles to the southwest and Vauxhall station is less than 0.5 miles to the northeast. Evidence[12]Both the Tenants and the Landlord returned the Tribunal’s Reply forms. The Tenant[13]The Tenants made the following comments: a) There was a history of repair issues at the Property, including damp and mould that was reported in June 2024 and not resolved until March 2025 and only after the intervention of Lambeth Council. Repair logs of historic issues were provided in support. b) The temperature control on the shower off the communal hall has been broken since March 2025. c) A pop-up electrical socket in the kitchen has been broken since November 2022 and the Landlord has confirmed that they cannot fix it. d) There are cracks in the ceiling and wall and the Landlord has not responded to reports of these issues. e) There is a development ongoing in a plot beside the building, which causes dust and noise.[14]The Tenants did not provide any rental evidence, but stated their opinion that the existing rent of £3,800 pcm was fair for the Property in light of its condition and the ongoing issues with response to maintenance issues. The Landlord[15]No comparables were provided by the Landlord.[16]In their reply form, the Landlord commented that there were no open repair cases associated with the Property. Determination and Valuation[17]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 its current condition would be in the order of £4,500 pcm.[18]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. Undue hardship[19]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.[20]The Tenant has asked the Tribunal to fix a later starting date in this case. During the hearing the Tenants outlined their financial circumstances, including periods of unemployment and the level of affordability of paying the backdated sum.[21]The Landlord did not provide any comments on this matter.[22]Due to the level of increase and the circumstances outlined by the Tenants, 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 1 April 2026. Decision[23]Therefore, the Tribunal determines the market rent at £4, 500 per calendar month with effect from 1 April 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.