Flat B, 7 Porchester Square, Bayswater, London W2 6AL LON/00BK/MNR/2025/0756
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00BK/MNR/2025/0756
Between
Nigel GearingApplicantRobert Andrew Mc IntoshRespondentNigel GearingTenantRobert Andrew Mc IntoshLandlord
Before
Mr D Jagger MRICSNone Date of Objection : 26 March 2025 for the ApplicantDate 23 September 2025Property: Flat B, 7 Porchester Square, Bayswater, London W2 6ALType of application: Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
DECISION
The Tribunal determines a rent of £2,600 per calendar month with effect from 22 April 2025. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 SUMMARY REASONS Background[1]The Landlord served a notice under Section 13(2) of the Housing Act 1988 dated 20 March 2025 which proposed a new rent of £4,385 per month in place of the existing rent of £1,810 per month to take effect from 22 April 2025. This being an increase of £2,575 per month[2]On the 26 March 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. 3.On the 8 August 2025, the tenant confirmed to the Tribunal that he wished to withdraw the application. The Tribunal wrote to the parties on the 12 August 2025 requesting a withdrawal form to be completed by the 22 August. On the 20 August 2025, the landlord stated that he did not agree to this request and the matter was therefore to be determined by the Tribunal.[4]The parties did not request a hearing or an inspection to determine this matter and the Tribunal agreed with this arrangement. Therefore, this case was considered on the basis of the papers provided by the parties with the assistance of Rightmove and Google Maps. Evidence[5]The Tribunal has received a completed statement from the tenant and submissions from the landlord. The parties did not provide any evidence in connection with comparable rental evidence in the area. Determination and Valuation[6]Having consideration of the evidence provided by the parties and our own expert, general knowledge of rental values in the Bayswater area, we consider that the open market rent for the property in good lettable condition with modern fittings and services would be £2,900 per month.[7]The Tribunal did not receive any submissions from the parties regarding the condition of the property, however, using its own expertise, we consider a deduction of £300 per month should be applied to take into account no white goods or curtains provided by the landlord. Also, it is stated by the tenant he installed central heating and the windows are single glazed. This reduces the rental figure to £2,600 per month. It should be noted that this figure cannot be a simple arithmetical calculation and is not based on capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant. Decision[8]The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy in its current condition was £2,600 per calendar month.[9]The Tribunal directs the new rent of £2,600 per month to take effect on the 22 April 2025. This being the date in the Landlord’s notice. Chairman: Duncan Jagger MRICS Date: 23 September 2025 APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA. --- decision_2.pdf --- 1 Case Reference : LON/00BK/MNR/2025/0756 Property : Flat B, 7 Porchester Square, Bayswater, London W2 6AL Tenant : Nigel Gearing Landlord : Robert Andrew Mc Intosh Representative : None Date of Objection : 26 March 2025 Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal : Mr D Jagger MRICS Date of Summary Reasons : 23 September 202527 January 2026 _______________________________________________ DECISION The Tribunal determines a rent of £2,600 per calendar month with effect from 22 April 2025. FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 ____________________________________ We exercise our powers under Rule 50 to correct the clerical mistake, accidental slip or omission on the Decision dated 23 September 2025. Our amendments are made in red. SUMMARY REASONS Background[1]The Landlord served a notice under Section 13(2) of the Housing Act 1988 dated 20 March 2025 which proposed a new rent of £4,385 per month in place of the existing rent of £1,810 per month to take effect from 22 April 2025. This being an increase of £2,575 per month[2]On the 26 March 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. 3.On the 8 August 2025, the tenant confirmed to the Tribunal that he wished to withdraw the application. The Tribunal wrote to the parties on the 12 August 2025 requesting a withdrawal form to be completed by the 22 August. On the 20 August 2025, the landlord stated that he did not agree to this request and the matter was therefore to be determined by the Tribunal.[4]The parties did not request a hearing or an inspection to determine this matter and the Tribunal agreed with this arrangement. Therefore, this case was considered on the basis of the papers provided by the parties with the assistance of Rightmove and Google Maps. Evidence[5]The Tribunal has received a completed statement from the tenant and submissions from the landlord. The parties did not provide any evidence in connection with comparable rental evidence in the area. Determination and Valuation[6]Having consideration of the evidence provided by the parties and our own expert, general knowledge of rental values in the Bayswater area, we consider that the open market rent for the property in good lettable condition with modern fittings and services would be £2,900 per month.[7]The Tribunal did not receive any submissions from the parties regarding the condition of the property, however, using its own expertise, we consider a deduction of £300 per month should be applied to take into account no white goods or curtains provided by the landlord. Also, it is stated by the tenant he installed central heating and the windows are single glazed. This reduces the rental figure to £2,600 per month. It should be noted that this figure cannot 3 be a simple arithmetical calculation and is not based on capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant. Decision[8]The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy in its current condition was £2,600 per calendar month.[9]The Tribunal directs the new rent of £2,600 per month to take effect on the 22 April 2025. This being the date in the Landlord’s notice. Chairman: Duncan Jagger MRICS Date: 23 September 202527 January 2026 APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA.