Flat 21 Sutton Courtenay House, Hazlehurst Road, London SW17 0UB: LON/00BJ/MRA/2026/0014 LON/00BJ/MRA/2026/0014
REASONS
[1]The applicant tenant occupies the subject property on a tenancy dating from August 2018. The property is a second floor flat comprising three bedrooms, living room, kitchen and bathroom, with double glazing and central heating.[2]On 5 May 2026 the Landlord served a Notice of Increase under S.13(2) of the Housing Act 1988, proposing a new rent of £2,200.00 in place of the existing rent of £1,575.00 per calendar month with effect from 10 July 2026.[3]The tenant made an application under Section 13(4)(a) of the Housing Act 1988, referring the Notice of Increase to the tribunal.[4]Neither party requested a hearing. The tenant suggested that the Notice of Increase might be invalid in some way (unspecified) due to the behaviour of the landlord who had served a s.21 Notice seeking possession of the property. This action of the landlord is not the concern of this tribunal, our role is to set the market rent having received evidence from the parties. Photographs were provided to show the condition of the property, which was accessed by modest common parts.[5]The landlord’s case was that the rent increases since the beginning of the tenancy were small, with the total rent having increased by £125.00 between 2018 and 2024. She proposed a rent of £2,200.00 per calendar month.[6]The tribunal convened on 27 July 2026 and makes the following determination. Determination[7]Having considered the papers provided the tribunal makes the following decision. Valuation:[8]Neither party provided evidence of comparable rents in the area. Without evidence, the tribunal must rely on its own broad knowledge and experience. Using that experience, we find that rentals for similar sized units in the locality would rent for between £2,500 and £3,200.00, depending on amenities.[9]This application was made after the coming into effect of the Rents Rights Act 2026, and therefore the rent determined by the tribunal cannot be more than that proposed by the landlord.[10]In the circumstances we consider that the £2,200.00 proposed is below the market rent, and we determine therefore that sum to be the market rent with effect from today’s date.[11]Although the tenant suggested that he would suffer hardship if the rent was increased, no evidence was provided to the tribunal. In addition the tribunal is not in a position to back-date the rent to the 10 July 2026 as it would have done had the landlord’s Notice of Increase had been served prior to 1st May 2026. Decision[12]The tribunal determines the market rent at £2,200.00 per calendar month. 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.