Flat C, 16 Beaufort Gardens, Ilford IG1 3DB LON/00BC/MNR/2025/0776
DECISION
The Tribunal determines a rent of £1200.00 per month with effect from 6 April 2025. ____________________________________ Full REASONS Background[1]On 20 November 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1600.00 per month in place of the existing rent of £850.00 per month to take effect from 6 April 2025.[2]On 03 April 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 Tenant’s referral was received by the Tribunal on 03 April 2025. A copy of a tenancy agreement was supplied, as was a copy of the Notice of Increase of Rent.[5]The hearing was carried out by remote video, neither party requested an inspection. The Applicant Tenant, Soni Lao was present, for the Respondent Landlord Sapna Bhise attended. Property Description[3]The property was described in the application form as a first floor flat, comprising one living room, one bedroom, one kitchen, and a bathroom. The tribunal inspected the property externally on 29 September 2025. Submissions Applicant tenant submissions Preliminary- consideration of late material[4]The tenant submitted a case management application dated 19 August 2025 to submit late evidence outside the time period provided by the Directions.[5]On the 3 September the tenant emailed the tribunal copied to the respondent with additional submissions and photographic evidence. The tribunal respondent on the 3 September 2025 requesting the tenant complete an “Form Order 1”.[6]The “late submission” comprises a bank statement for August 2025, copies of various instant messaging which cover various issues including but not limited to initial letting and repairing issues. (c) Crown Copyright 2025 3[7]The tribunal sought views from the parties relating to admission of the material and the late submission was permitted with the other party being able to comment upon it during the hearing. Applicant Tenant’s Submission[8]The applicant provided evidence from a number of sources. The application form noted that the property was let partially furnished with a wardrobe. Additionally, a sofa, table and chairs, these items the tenant asserted were in poor condition.[9]From the application form it was also suggested that the tenant had to purchase recycling boxes and to carry out “some repairs the landlord’s husband told me to do.” These included “hallway light”, new “toilet handle”, toilet seat, sealant and pest control.[10]From the copy of the tenancy it can be seen the contractual period ran for 6 months from 6 February 2020.[11]The tenant also supplied a number of emails which contain photographs and narrative presenting the tenant’s view on the relations between the landlord and the tenant. 12.During the hearing the Tenant was asked their view of the comparables presented by the landlord and noted the difference of location and specification of these. The tenant also gave their view on what level of rent would be correct for the property and submitted about the same as that being paid.[13]Additionally, the tenant asserted the property had a non-working shower, the kitchen was small, the refrigerator had to be housed in the living room and that the drawers in the kitchen were in a poor condition. Respondent Landlords Submission[14]The landlord submitted copies of letting details for various properties Mayfair Avenue £1600, Argyle Road £1600, it is not clear if these are asking rents or achieved rents. Additionally, York Road at £1650 and Grosvenor Road £1600 asking rents.[15]A witness statement which set out the landlord’s view on the payment history and behaviour of the tenant. The witness statement of 7 July 2025 noted that the rent had not been increased since the commencement of the tenancy.[16]The Reply Form completed by the Landlord, noted the property was centrally heated, had double glazing, and the carpets, curtains and white goods were provided by the landlord. By way of improvements; new electric hob fitted, bathroom light fitted, lino replaced and painted maintenance carried out in Nov 2024. Also, that the communal areas were refurbished fully in 2023. Finally (c) Crown Copyright 2025 4 noting the property is close to parks, Ilford railway station and Gants Hill tube station.[17]At the hearing the landlord added the property was in good condition when let and that the subject property was near the main line transport links and that the comparables fairly reflected the level of rent this property should achieve. Inspection[18]The tribunal made arrangements to inspect the property on 29 September 2025, the tribunal attended the property on the 29 September 2025 at 10:00am but there was no answer and so did not inspect internally.[19]The tribunal’s external inspection of the 29 September 2025 identified that the first-floor windows appeared to be old aluminiun potentially single glazed. The front garden of the property which is assumed shared with the other three or so flats was uneven, and in a poor state, as was the render to the outside of the building. Determination and Valuation 20.It is clear that relations between the landlord and the tenant have broken down.[21]The tribunal explained that the sole function of the tribunal within its jurisdiction is the determination of the rent that would be paid by a tenant to the landlord within the property, and to set a date for the commencement of that rent, and should the rent be an increase whether there was evidence of hardship as identified under the Act that would warrant a date for the rent increase to be later than that in the Notice provided by the Landlord which in this case was 6 April 2025.[22]The tribunal however took evidence from the parties during the hearing and has considered the photographic evidence supplied. The tribunal has taken consideration of the landlord's evidence in terms of rent and considered this within the tribunal’s expert knowledge of rental levels in the area. In particular the tribunal has considered the relative locations of the subject property and the comparables additionally differences in specification and size have been considered.[23]Mayfair Avenue £1600 the landlord submitted an extract from a letting site showing a photograph of the kitchen. The flat had one bedroom, one living room and a bathroom. Argyle Road £1600 the landlord submitted an extract from a letting site showing the kitchen/diner. The flat had one bedroom, one living room and a bathroom. (c) Crown Copyright 2025 5 York Road £1650.00 the landlord submitted an extract from a letting site showing the link to another site. No further details were submitted. Grosvenor Road £1600.00 pm the landlord submitted an extract from a letting site showing the link to another site. Details supplied by the landlord show a converted house, a living room with laminate flooring, bedroom similar and a bathroom. Total area said to be 40 sq meters. Lay Street, asking rent of £1550.00 pm, with photographs showing stairs a carpeted room, and carpeted living room.[24]The tribunal determines that the subject property if in a good tenantable condition would achieve a rent of £1600.00 per month.[25]The tribunal attempted to inspect to gain a better understanding of the inside of the property. The landlord gave evidence of the condition of the property as let; the tenant gave their view of the property at the time of the Notice. Taking the evidence available to the tribunal and photographic and combined with the external inspection the tribunal determines a 25% discount to the value of the property in good tenantable condition.[27]A deduction of 25% of £1600.00 per month amounts to £400.00 per month, £1200.00 per month. Hardship[28]The Notice of increase identifies the start date for the new rent as 6 April 2025.[29]In support of the application for hardship, the tenant provided the tribunal with a copy of a bank statement from the tenant showing one month's transactions. The respondent landlord submitted that the tenant was in receipt of housing benefit but that no rent had been paid to the landlord since April 2025, therefore the tenant should be in possession of sufficient funds to address any backlog in rent caused by a back dated increase.[30]The tribunal has not received sufficient evidence to convince it that an increase backdated to this date would cause hardship.[31]The tribunal therefore determines a date of £1200.00 per month for the rent increase to take effect on 6 April 2025. Chairman: R Waterhouse FRICS Date: 29 September 2025 (c) Crown Copyright 2025 6 Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must:a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision.b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.