C Piarroux JPM Lynch19 May 2026Date 19 May 2026Property: 80 Janson Road, London E15 1TE Fredy Velasco JimenezType of application: sections 13 & 14 of the Housing Act 1988 R Waterhouse FRICS
REASONS
[5]On 24 November 2025, the landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2950.00 per calendar month (pcm) in place of the existing rent of £2500.00 pcm to take effect from 2 January 2026. On 1 January 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. The tenancy commenced 2 June 2023 as twelve-month contractual assured shorthold tenancy. The rental period is monthly payable on the 2nd of the month, initially at £2300.00 pcm. 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. The tribunal inspected the property on the 19 May 2026, after the morning hearing. Preliminary Matters[6]Material received outside the Directions has not been considered. The Inspection[7]The inspection found the property to be a mid-terrace house, situated in a road of similar properties. The property has solid wall construct dating to around 1900. The subject property at the front has been rendered. Across a short section of ground, the front door is reached. The door opens out into a living room, that is created from the removal of the original dividing wall. The living room has double glazing and a radiator. From the living room, is reached a kitchen, this is functional but old. Beyond the kitchen is a further room, this has signs of suffering from condensation. From this room is a single WC and basin. To the 2 side of the kitchen is a yard area which has a roof constructed over it. Beyond the final ground floor room is a garden.[8]The stairs from the living room, lead to a landing off which is the first of three bedrooms The is capable of a single bed only, the room shows signs of condensation and has recently been painted. From the hall there is a bathroom, and two further bedrooms one medium size and one a double. Both rooms have central heating. Some of the windows have “blown seals”. There is no car parking space. Allocation of Repairs between Landlord and Tenant.[9]The Tribunal has considered the written and verbal submissions of the parties.[10]The tenancy agreement notes the tenant shall be paragraph 20, “responsible for the maintenance of the garden throughout the term of the tenancy”.[11]The tenancy agreement is silent on other repairs.[12]The Tribunal in the absence of submissions finds the landlord is responsible under the Landlord and Tenant Act 1985 schedule 11 and the tenant the internal repairs. Liability for Council Tax and Utilities[13]The Tribunal has considered the written and verbal submissions of the parties. The Tribunal finds; the tenant is responsible for the payment of utilities and council tax in respect of the Property. Hearing[14]A hearing and inspection took place on 19 May 2026. At the hearing, which was held via video link, present the applicant Fredy Valasco Jimenez represented by his daughter Romina Velasco. The Respondent landlord Elizabeth Florist. The Applicant[15]The Applicant described a number of issues; that the double glazing on the ground floor was old and draughty, the radiator in the living room did not work, that bedroom 3 suffered from mould as did the bathroom.[16]That the fridge had been the landlord’s, but it broke the tenant’s had replaced it that had also broken and now the current fridge in place was the landlord’s. The washing machine and oven/hob were the landlord’s. 3[17]The railing from the ground floor to the first floor was said to be in disrepair.[18]The Applicant asserted that the recent painting over mould had taken place after the date of the proposed rent increase.[19]The Applicant wasn't sure as to the figure would be the correct level for the property but felt it should be around the current level.[20]The Applicant explained they were on housing benefit and paying a backdated increase would be challenging. The Respondent[21]Noted the property was close to transport links which made access to central London very quick. The applicant reiterated they felt the level of rent proposed was the right figure for the area and the nature of the house. The Property Extent and Specification[22]The Tribunal from review of papers finds and inspection; the property is a house, mid terrace, comprising on the ground floor a living room, kitchen, downstairs WC and area before garden. On the first floor three bedrooms and a bathroom. Floor Ground Area Living room Ground Ground Kitchen Single WC First First Bathroom Bedroom 1 First First Bedroom 2 Bedroom 3 Improvements[23]The Reply Form completed by the landlord noted the following; Provided new gas cooker Replaced the toilet door handle and toilet seats Provided new laminate flooring The consumer unit has been replaced with a new unit that meets standard requirements The fire alarm and smoke alarms have been interlinked Treated with anti-mould paint and not able to not paint one room because of clutters 4 Conservatory leaks have been fixed Applied silicone sealant to the window frame Changed new extractor fan in bathroom.[24]The Tribunal finds these are repairs and that the nature and extent of the property has not changed since the letting of it. Disrepair[25]The Tribunal finds the property is of a nature that predisposes it to mould, and that in general terms the property could be described as being in tired but functional condition. Specification[26]From the landlords Reply Form it is noted the landlord supplied the carpets, curtains, the white goods, central heating and double glazing. The property also has off street parking.[27]From the written and verbal submissions, the tribunal finds the specification of the property is as set out below. Specification Provided by Central Heating Double Glazing LL LL Carpets and Curtains White Goods LL LL Rental Evidence The Landlord[28]The landlord proposed that the rental level of the property should be £2950.00 as at 2 January 2026.[29]The landlord provided no comparables. Tenant’s rental evidence[30]The tenant provided no comparables. Determination and Valuation 5[31]The valuation date is the effective date of the rent proposed in the Notice of Increase. This is 2 January 2026.[32]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.(c) That the landlord has supplied; double glazing, central heating, white goods and own carpets and curtains.(d) 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.[33]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 £2900.00 pcm.[34]From this level of rent, the Tribunal has made adjustments in relation to the following: a) The nature of the property that predisposes it to condensation and subsequent mould, with inadequate ventilation. b) The general quality of the property. The full valuation is shown below: Starting Rent Less For items 2 (a) and (b) Market Rent Undue hardship £2900.00 pcm £300.00 pcm £2600.00 pcm 6[35]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.[36]The tenant has described their financial circumstances. The Tribunal considering the size of the increase in rent that is £100pcm backdating that is from 19 May 2026 to 2 January does not consider undue hardship is proven and declines to change the effective date from which the rent is determined. Decision[37]Therefore, the Tribunal determines the market rent at £2600.00 per calendar month with effect from 2 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. 7