50 Avoca Road, Tooting Bec, SW17 8SL: LON/00BJ/MRA/2026/0046 LON/00BJ/MRA/2026/0046
REASONS
[1]On 09 June 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,230 per calendar month (pcm) in place of the existing rent of £1,200 pcm to take effect from 16 August 2026.[2]On 23 June 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 tenancy commenced on 16 October 2023 for an initial term of twelve months. The rental period is monthly. 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 (other than carpets and curtain and white goods specified below) and the costs relating to the same.[5]The room is part furnished with a bed and mattress, mirror and wardrobe. Service charges are not payable by the Tenant. Liability for Council Tax[6]The Landlord is responsible for the payment of Council Tax in respect of the Property. The rent determined is inclusive of Council Tax. Inspection/Hearing[7]Neither party requested an oral hearing and the Tribunal has considered this case on the papers provided by the parties and its own knowledge and specialist expertise. The Property[8]The Property is a room in a shared house, offering the following accommodation: A double room within a three storey six bedroom house. The remaining five bedrooms are let to other tenants. The Property is located on the first floor and there are two shared bathrooms. At ground floor there is a shared communal kitchen and reception area with furniture and white goods provided by the Landlord. Gardening and cleaning services are provided via the Landlord. Outside: There is a shared garden space to the rear of the property accessed via the communal kitchen. The Property benefits from gas central heating, double glazing, carpets and curtains and white goods. The Property is situated in Tooting with good transport links and is close to local shops and amenities. Evidence[9]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[10]The Tenant made the following comments: a) The furniture and appliances are dated. b) The Landlord is trying to increase the rent on two other rooms which are being reviewed by the Tribunal. c) The open market rent should be £1,150. d) The landlord’s notice of increase is valid. e) A rent increase will not cause hardship.[11]In terms of rental evidence, in his application the Tenant listed five examples of rooms in shared houses with rents ranging from £1,070 to £1,150 pcm. No address details, images or screen shots of any of these properties were submitted.[12]In the Tenant’s reply form (MR3) to the Landlord’s MR2 form The Tenant also provided five examples of rooms in shared houses with asking rents ranging from £999 to £1,100 pcm. Images were provided of these examples but no addresses or details of the origins of the listings. The Landlord[13]The Landlord made the following comments: a) The kitchen includes all kitchen appliances, crockery and cleaning products as well as toilet paper. b) The garden includes garden furniture. c) The contract is a rolling assured periodic tenancy in line with renter’s rights. d) The Tenant has been living in the property since 2023 with the rent amount remaining the same until the recent rent raise notice. The cost of utilities and cost of cleaner increased in this time so the increase of £30 will be to cover the differences since the Tenant moved in. e) The Landlord did not submit details of any comparable rents upon which they rely. Determination and Valuation[14]Relying on its own expert, general knowledge of rental values in the area, with consideration of the evidence provided by the Tenant and Landlord, the Tribunal considers that the market rent of the subject Property in good condition would be in the order of £1,200 pcm. This is the rent we would expect the property to let for in the open market.[15]In this case it is not necessary for the Tribunal to make any adjustments to the £1,200 as the Property is considered to be representative of an open market rental property in the area. Market rent £1,200 pcm Decision[16]The Tribunal determines the market rent at £1,200.00 per calendar month with effect from 16 August 2026; this being the date set out in the Landlord’s Notice of Increase.[17]In their application form the Tenant applied for the Landlord to reimburse the £47 tribunal application fee. Taking into account the determination above, the Tribunal orders the Landlord to reimburse to the Tenant the application fee of £47 by 31 August 2026. This is because the Tenant has been successful in challenging the proposed rent.[18]Therefore, the Tribunal determines the market rent at £1,200 per calendar month with effect from 16 August 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.