First Floor Flat,1A Dorset Road, London E7 8PR: LON/00BB/MNR/2026/0039 LON/00BB/MNR/2026/0039
REASONS
[1]On 24 November 2025, the landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1750.00 per calendar month (pcm) in place of the existing rent of £1600.00 pcm to take effect from 18 January 2026.[2]On 12 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 tenancy commenced 18 November 2024 as twelve-month contractual assured shorthold tenancy. The rental period is monthly payable on the 18th of the month, initially at £1600.00 pcm.[4]The Tribunal has considered all evidence submitted within the timetable set out by the Directions and subsequent oral testimony. The Tribunal has not recorded all evidence submitted within the decision. The omission of a piece of evidence should not be taken that it has not been taken into consideration.[5]The Tribunal inspected the property on the 19 May 2026, no hearing was requested by either party. Preliminary Matters[6]Material received outside the Directions has not been considered. The inspection[7]The inspection found the flat is contained in an end of terrace building comprising two floors. The subject flat is accessed through a communal front door, which immediately opens to a small communal hall. Off the hall is a door which leads to a set of carpeted stairs. The stairs are old but functional. At the top of the stairs is a landing, at one end of the landing is a bedroom. The bedroom has double glazed windows and there is a radiator, the room is capable of holding a double bed. The room has evidence of condensation or damp, although it has recently been painted. The property has a small kitchen, the units are functional and the white goods are supplied by the landlord. The kitchen has a small extractor. Next to the kitchen is a bathroom, this is dated but has a functioning electric extractor. Along the corridor further is a double bedroom. The ceiling of which is cracked Artex , and there are three large damp patches with black mould which appear to be from external leaks. The final room is a living room, which has double glazing and a radiator. The main hallway located on the first floor has spots of mould and flaking paint. Allocation of Repairs between Landlord and Tenant.[8]The Tribunal has considered the written and verbal submissions of the parties.[9]The tenancy agreement notes under “Repairs- Landlord”; “The tenant agrees that the Landlord is only liable to undertake repairs once he has been notified that a repair is necessary, and the tenant undertakes to send such notification in writing to the landlord at the address herein for services of documents. Under s11 Landlord and Tenant Act 1985 the landlord is responsible for the following repairs• To keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes)• To keep in repair and proper working order the installations in the dwelling house for the supply of water gas and electricity and for sanitation, including basins, sinks, baths and sanitary conveniences but no other fixtures, fittings and appliances for making use of the supply of water, gas and electricity• To keep in repair and proper working order the installations in the dwelling house for space heating and heating water.[10]The Tribunal finds in the absence of alternative contention the landlord is responsible for repairs, section 11 Landlord and Tenant 1985 responsibilities and the heating system. The tenant is responsible for the remainder. Liability for Council Tax and Utilities[11]The Tribunal has considered the written submissions of the parties. The Tribunal finds; the tenant is responsible for the payment of utilities and council tax in respect of the Property. Inspection/Hearing[12]Neither party requested a hearing, but an inspection was requested and undertaken on the 19 May 2026. The Property Extent and Specification[13]The Tribunal from review of papers and inspection finds; the property is a Floor Area First Living room Kitchen Bathroom Bedroom 1 Bedroom 2 Improvements[14]The Reply Form completed by the tenant undated, notes the landlord in January 2025 replaced cupboards, worktops and sinks in the kitchen. Additionally, the landlord replaced the floor in the bathroom at the same time. The tenant expressed concern the floor may not be watertight. Disrepair[15]The tenant noted that during a Licence Compliance Inspection conducted by Newham Council in September 2025 concerns relating to ventilation and mould were identified. In the landlord's response to the council dated 30 September 2025, it was confirmed that a more powerful extractor fan would be installed in the bathroom to improve ventilation and prevent moisture build up. The tenant states that as at the 23 March 2026 this had not been undertaken.[16]The tenant provided a number of photographs showing mould, the pictures do not describe the date or location of the photographs.[17]The Tribunal finds that at the date of the Notice coming into effect the flat had ventilation that did not meet the requirements of the Local Authority. The Tribunal also finds that the extent of the black mould in the ceiling adjoining the external wall is sufficiently pronounced to render this room effectively unusable. Specification[18]From the tenant’s Reply Form, it is noted the carpets; curtains are supplied by the tenant. That the white goods were supplied by the landlord as were the central heating and double glazing.[19]The tribunal finds the specification of the property is as set out below; Specification Provided by Central Heating LL Double Glazing LL Carpets and Curtains T White Goods LL Rental Evidence The Landlord rental evidence[20]The landlord proposed that the rental level of the property should be £1750.00 pcm as at 18 January 2026.[21]The Landlord included a number of comparables, of two-bedroom flats in the vicinity ranging from £1550.00 pcm to £2450.00 pcm. Tenant’s rental evidence[22]The tenant submits the property has a kitchen smaller than is normally found in the market and that there is no garden.[23]The tenant submits a number of comparables that fit between £1500.00 pcm and £1650.00 pcm. Determination and Valuation[24]The valuation date is the effective date of the rent proposed in the Notice of Increase. This is 18 January 2026.[25]The Tribunal values the property on the basis that;(a) The condition of the property disregards any tenant's improvements; there are none in this case.(b) That the terms of the tenancy are such that tenant has responsibility for internal decoration and repairs(c) That the tenant has supplied their own carpets and curtains.(d) That the property has a predisposition to mould on the surfaces of the exterior walls because the ventilation is below that required by the local authority at the valuation date. The condition of the second bedroom with mould is such that it renders it effectually unusable.(e) The Tribunal must make a determination under the Housing Act 1988 section 13 and 14 and cannot take into account the social or community nature of the development.[26]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the landlord, the Tribunal determines that the market rental of the subject Property modernised and in good order would be in the order of £1750.00 pcm.[27]From this level of rent, the Tribunal has made adjustments in relation to (a) to (e) above. The full valuation is shown below: Starting Rent £1750.00 pcm Less For a to e above 20%. £35o.oo pcm Market rent £1400.00 pcm Undue hardship[28]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.[29]The tenant stated “difficulty affording increase, salary not increased and requested to negotiate with landlord. The Tribunal needs to be assured that any rise would result in “undue hardship”. No evidence of hardship has been received. The determination is less than the passing rent so no undue hardship can arise. Decision[30]Therefore, the Tribunal determines the market rent at £1400.00 per calendar month with effect from 18 January 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.