Mohamed El GoharyApplicantHouse of Names LtdRespondentMohamed El GoharyTenantHouse of Names LtdLandlord
Before
Ms S Beckwith MRICSMr N MillerDate 23 September 2025Property: 62 Rogers House, Page Street, London, SW1P 4EY
DECISION
The Tribunal determines a rent of £2,350 per calendar month with effect from 4 June 2025. ____________________________________ 2
REASONS
[1]On 11 April 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,500 per calendar month in place of the existing rent of £1,500 per calendar month to take effect from 4 June 2025.[2]On 22 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 23 April 2025.[3]The Tribunal issued Directions dated 7 July 2025 with regards to determination of the rent, setting out a timetable for submissions and return of Reply forms.[4]The Tenant returned their Reply form and requested a hearing and inspection. The Landlord did not return the Reply form.[5]A hearing was arranged for 15 September 2025. Neither party attended. Law[6]The law is found in section 14 of the Housing Act 1988 (‘the 1988 Act’), which, insofar as is relevant to this application, provides: 14 Determination of rent by tribunal.(1) […] the appropriate tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the appropriate tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy— (a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b) which begins at the beginning of the new period specified in the notice; (c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and (d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have 3 been given (or have effect as if given) in relation to the tenancy to which the notice relates.(2) In making a determination under this section, there shall be disregarded— […] (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement— (i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates or the following conditions are satisfied, namely— (a) that it was carried out not more than twenty-one years before the date of service of the notice; and (b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and (c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit. (7) Where a notice under section 13(2) above has been referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by the appropriate tribunal (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as the appropriate tribunal may direct. 4 Inspection[7]The Tribunal carried out an inspection of the property on 15 September 2025. Mr El Gohary and his wife were present. The Landlord did not attend.[8]The Tribunal found the property to be a flat within a building arranged around an open courtyard. There is a lift and the property is accessed down a walkway passing the front doors of other properties in the block.[9]The flat has two double bedrooms, a living room, a kitchen, a bathroom and a separate WC. The property has central heating and single glazed windows. The flat is carpeted throughout the hallway, living room and bedrooms. The white goods have been provided by the Landlord.[10]Other than minor decorative issues, no issues with the condition of the property were noted by the Tribunal or raised by the Tenant in its Reply form. Evidence[11]The Tribunal has consideration of the Reply form provided by the Tenant and their own observations from the inspection. Neither party provided details of any comparable evidence.[12]No submissions were made about potential hardship to the Tenant as a result of the increase in rent. Determination and Valuation[13]Having consideration of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £2,350 per calendar month.[14]The Tribunal has taken into account the configuration, specification and condition of the property in arriving at the level of rent achievable in the open market set out above and therefore makes no further adjustments. Decision[15]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 was £2,350 per calendar month. 5[16]The Tribunal directs the new rent of £2,350 per calendar month to take effect on 4 June 2025, this being the date as set out in the Landlord’s Notice of Increase. Chairman: Ms S Beckwith MRICS Date: 23 September 2025 6 APPEAL PROVISIONS By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property) --- decision_2.pdf --- (c) Crown Copyright 2025 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BK/MNR/2025/0815 Property : 62 Rogers House, Page Street, London, SW1P 4EY Tenant : Mohamed El Gohary Landlord : House of Names Ltd Type of Application : Section 13 Housing Act 1988 Tribunal Members : Ms S Beckwith MRICS Mr N Miller Date and venue of Consideration : 15 September 2025 at 10 Alfred Place, London, WC1E 7LR Date of Reasons : 23 September 2025 _______________________________________________ DECISION The Tribunal determines a rent of £2,350 per calendar month with effect from 4 June 2025. ____________________________________ 2 REASONS Background[1]On 11 April 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,500 per calendar month in place of the existing rent of £1,500 per calendar month to take effect from 4 June 2025.[2]On 22 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 23 April 2025.[3]The Tribunal issued Directions dated 7 July 2025 with regards to determination of the rent, setting out a timetable for submissions and return of Reply forms.[4]The Tenant returned their Reply form and requested a hearing and inspection. The Landlord did not return the Reply form.[5]A hearing was arranged for 15 September 2025. Neither party attended. Law[6]The law is found in section 14 of the Housing Act 1988 (‘the 1988 Act’), which, insofar as is relevant to this application, provides: 14 Determination of rent by tribunal.(1) […] the appropriate tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the appropriate tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy— (a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b) which begins at the beginning of the new period specified in the notice; (c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and (d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have 3 been given (or have effect as if given) in relation to the tenancy to which the notice relates.(2) In making a determination under this section, there shall be disregarded— […] (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement— (i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates or the following conditions are satisfied, namely— (a) that it was carried out not more than twenty-one years before the date of service of the notice; and (b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and (c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit. (7) Where a notice under section 13(2) above has been referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by the appropriate tribunal (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as the appropriate tribunal may direct. 4 Inspection[7]The Tribunal carried out an inspection of the property on 15 September 2025. Mr El Gohary and his wife were present. The Landlord did not attend.[8]The Tribunal found the property to be a flat within a building arranged around an open courtyard. There is a lift and the property is accessed down a walkway passing the front doors of other properties in the block.[9]The flat has two double bedrooms, a living room, a kitchen, a bathroom and a separate WC. The property has central heating and single glazed windows. The flat is carpeted throughout the hallway, living room and bedrooms. The white goods have been provided by the Landlord.[10]Other than minor decorative issues, no issues with the condition of the property were noted by the Tribunal or raised by the Tenant in its Reply form. Evidence[11]The Tribunal has consideration of the Reply form provided by the Tenant and their own observations from the inspection. Neither party provided details of any comparable evidence.[12]No submissions were made about potential hardship to the Tenant as a result of the increase in rent. Determination and Valuation[13]Having consideration of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £2,350 per calendar month.[14]The Tribunal has taken into account the configuration, specification and condition of the property in arriving at the level of rent achievable in the open market set out above and therefore makes no further adjustments. Decision[15]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 was £2,350 per calendar month. 5[16]The Tribunal directs the new rent of £2,350 per calendar month to take effect on 4 June 2025, this being the date as set out in the Landlord’s Notice of Increase. Chairman: Ms S Beckwith MRICS Date: 23 September 2025 6 APPEAL PROVISIONS By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First- tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. Please note that if you are seeking permission to appeal against a decision made by the Tribunal under the Rent Act 1977, the Housing Act 1988 or the Local Government and Housing Act 1989, this can only be on a point of law. If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).