7 Achilles Close, London, SE1 5HE: LON/00BE/MNR/2026/0278 LON/00BE/MNR/2026/0278
REASONS
[1]On 30 March 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,600 per calendar month (pcm) in place of the existing rent of £1,325 per month to take effect from 1 June 2026. This being an increase of £275.[2]On 28 April 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.[3]The assured tenancy commenced on the 15 February 2024. The Tribunal were presented with a copy of the agreement at a passing rent of £1,325 per month. The tenancy was for a term of 12 months; therefore, this is a statutory tenancy agreement. 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:[5]Furniture supplied by the landlord: sofa, dining room table, bed, wardrobe.[6]No service charges. 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 of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent.[8]It is assumed; there are none. Inspection/Hearing[9]The parties did not request a hearing or inspection.[10]The Tribunal has therefore, considered this case on the basis of the papers, together with the papers provided by the parties, Rightmove, and its own knowledge and specialist expertise. The Property[11]The property is a purpose built ground floor flat forming part of a three storey building built around 1990 with separate access arrangements. The accommodation comprises, one bedroom, living room, kitchen and bathroom. The flat has an EPC Rating of D which is average and a stated floor area of 37m2. The property has electric storage heating, double glazed windows, white goods and flooring coverings. Outside: The property has brick elevations under a pitched and tiled roof. There is an allocated parking space. The Property is situated in an established residential area close to local amenities and South Bermondsey station. Evidence[12]Both parties returned the Tribunal’s completed Rent Appeal Statements together with helpful photographs, floor plan and comparable evidence of recent lettings in the Bermondsey area. The Tenant.[13]In the written evidence the Tenant made the following comments: a) The flooring is damaged in areas. b) Water leaks to the ceiling via flat above. c) Defective bathroom tiles and mould. d) Damaged kitchen units e) The electric heaters are dated and no longer functioning f) There have been continuous matters of disrepair. g) Based on the comparable evidence, the tenant is of the opinion a realistic increase would be between £1,400 pcm The Landlord.[14]The Landlord provided the following evidence in a written statement. a) The landlord provided comparable evidence of recent lettings in the area which ranged between £3,879 pcm, which fully supported the proposed increase. b) The landlord states that repairs have been undertaken to the property and the flooring replaced. Determination and Valuation[15]Relying on its own expert, general knowledge of rental values in the Anerley area, together with the comparable evidence provided by the landlordand tenant, the Tribunal considers that the market rental of the subject property, modernised and in good condition would be in the order of £1,600 per month. This is the rent we would expect the property to let for in the open market including having white goods and curtains provided by the landlord.[16]From this level of rent, the Tribunal has made the following adjustments in relation to the following: a) Evidence of mould and damp staining to the main walls and tiling. b) Defective heating system c) Dated kitchen units[16]The Tribunal has considered very carefully this information and usings its own expertise considers that a deduction of £150 should be applied in order to take account of the above matters. 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. The full valuation is shown below: Starting Rent £1,600 Less a) Items given under a)-c) above £150 Market rent £1,450 pcm Undue hardship[17]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.[18]The tenant has stated that the proposed rent increase would cause undue hardship. The tenant is reliant on Universal Credit in the total sum of £2,418. and LCWRA. She is a Registered Carer with no savings and their ages are 61 and 64. On the basis of the evidence supplied by the tenant, the Tribunal considers that there is not sufficient evidence to show this will not cause undue hardship and accordingly sets the starting date for the new rent as 30 April 2026. This determination is supported by the date of this decision in comparison with the date of the landlord’s notice together with the level of increase Decision[19]Therefore, the Tribunal determines the market rent at £1,450 per calendar month with effect from the 1 June 2026 being the date of the Landlord’s notice. 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.