First Floor Flat, 54 Spencer Road, London, E17 4BD LON/OOBH/MNR/2025/0870
DECISION
The Tribunal determines a rent of £1175.00 per month to be paid from 1 July 2025 under the Housing Act 1988 section 13. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 Full REASONS Background[1]On 30 May 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1400.00 per month in place of the existing rent of £1150.00 per month to take effect from 1 July 2025.[2]An application dated 17 June 2025 was made 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 application was accompanied by the Notice of Increase of Rent and, a copy of the tenancy agreement which was initially commenced on 1 October 2017 until 31 March 2018 at a rent of £1150 per month.[4]Directions were issued to the parties on 22 August 2025. Inspection[5]The Tribunal did inspect the property and subsequently made a paper determination under section 13 of the Housing Act 1988. The papers submitted by the tenant described the property as comprising, a first floor flat, one living room, one bedroom and a bathroom. The inspection found Macdonald Road comprised terraced Victorian two storey properties. The subject flat is contained in one such house. From the road it can be seen that above the subject first floor flat is a sky light and rear mansard. There is a significant unweather proofed gap along the top of the roof through which exposed timber beams can be seen. The front door of original wood is in poor condition, through the communal entrance is reached a small hall with damaged laminate flooring, off this hall are three doors. Two go onward to ground floor separate accommodation, the third door leads to a staircase which goes to the first-floor subject property. The property has at the top of the stairs a kitchen with tired decor the windows are double glazed the kitchen has a cooker and hob the units are in poor condition, the central heating boiler is also contained in the kitchen. Immediately of the kitchen is a WC. From the main landing of the flat is the front living room which faces the road, this contains two sets of double sockets. Off the landing also is a double bedroom again with electrical sockets. Overall the property has tired decor, some areas of damp and cracking evident to the brickwork and ceilings. Determination[6]Present at the inspection were; the applicant tenant only. Submissions Applicant Tenant 3[7]The Applicant tenant provided several documents to the tribunal including; an application for a rent assessment, a completed Rents 1 form, a copy of the tenancy agreement , a section 13 Notice of increase of Rent proposed, copies of communication between landlord and tenant, copy of a County Court Order from 2022 striking out a section 21 notice, and papers relating to rental levels in the E17 area.[8]The tenant submits the property has not been repaired, significantly maintained, or refurbished during the nine years of the occupancy.[9]The tenant notes in their application form that the landlord provided a fridge, cooker and a washing machine.[10]There is a copy from Zoopla of a property being marketed, a one-bedroom property which appears a above a commercial premises, the rent being sought is £960 per month. There is no indication of the date of the document. A second copy of marketing details relates to a one room property within a shared 6-bedroom house, this room is available at £800 per month, again there is no indication of date of the document nor whether bills are included.[11]There is a copy of a letter from Alexander Brown, a tenancy rights caseworker providing a critique of the “additional evidence” consisting of extracts from 7 properties taken from “openRent.com”. Within the letter are photographs, said to be supplied by the tenant of the inside the subject property.[12]There is a copy of the tenants completed reply Form completed by Alexander Brown. The Reply Form notes, dimensions and condition of the rooms. The flat is said to comprise one bedroom, one living room a kitchen and a bathroom. The property has central heating, white goods and double glazing. In terms of the curtains and carpets these are supplied part by the landlord and part by the tenant. In terms of defects the tenant notes; the “boiler is old and faulty”, carpets “old and worn”, The living room is said to leak when it rains causing damp. The kitchen requires maintenance and many of the cupboard doors are broken.[13]The Applicant tenant has also completed a Reply Form the contents of which are noted. Respondent Landlord[14]The Respondent Landlord has supplied a number of screen shots of property marketing details these range from £1350 for a studio, and for one bedroom the range is £1400 to £1950 per month, the details give approximate locations. Analysis and Valuation[15]The Notice of Increase dated 30 May 2025 proposes an increase to £1400.00 per month from 1 July 2025. 4[16]The tribunal has read the submissions in respect of rental level from both the applicant and the respondent.[17]The tribunal in consideration of these submissions and using its own expertise determines £ 1400.00 per month given the age and nature of the building that contains the flat, if the flat was in good tenantable condition.[19]However, the tribunal has heard and saw on inspection, that the flat exhibits several issues and for these the tribunal deducts £225.00 per month. The tribunal determines a rent of £1175.00 per month. Undue Hardship[20]The tenant has not made an application under this ground. Decision[21]The Tribunal determines £ 1175.00 per month from 1 July 2025 in accordance with section 13 of the Housing Act 1988 Chairman: R Waterhouse FRICS Date: 7 November 2025 Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must:a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision.b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.