12 Stokers Drive, Horwich, Bolton BL6 5XB: MAN/00BL/MNR/2026/0300 MAN/00BL/MNR/2026/0300
REASONS
[1]On 22 April 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,325per calendar month(pcm) in place of the existing rent of £1,150pcm to take effect from 20 June 2026. On 19 May 2026, under Section 13(4)(a) of the Housing Act 1988, the Tenant appealed the proposed new rent to the Tribunal for determination. The monthly tenancy commenced on 20 June 2025. Allocation of Repairs and Council Tax between Landlord and Tenant.[2]Responsibility for Repairs is as per section 11 of the Landlord and Tenant Act 1985. The property is Unfurnished. No service charge is payable. The Tenant is responsible for the payment of Council Tax in respect of the Property. Inspection/Hearing[3]Neither party requested an oral hearing. The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise, but without using any secret evidence. The Property[4]The Property is a modern 2 storey house on a new estate. The internal accommodation comprises entrance porch, ground-floor WC, single Reception room, Kitchen/Dining, to the first-floor 3 Bedrooms and Bathroom. The house has gas central heating to radiators, laminate floor to ground floor rooms, carpet to upstairs. Externally there are gardens, no garage. The Property is situated between Wigan and Bolton on a new estate thought to have been built on the site of a demolished former railway locomotive works, in reasonable proximity of amenities. Representations as to Rental Value[5]Tenant Tenant believes current Market Rent is £1,150pcm i.e. the passing rent. Whilst acknowledging there are some 3 bedroom properties being marketed at an asking rent in excess of their current rent, there are similar houses within a 3 mile radius that have asking rents at below £1,325pcm e.g. Gloucester Avenue £1,200pcm, and Barton Quarter £1,250pcm.[6]Landlord The Landlords agent submitted a Rightmove best price guide for properties within a 3 mile radius. It includes around 21 brief details and photographs with marketed rents ranging from £1,350 to £1,650pcm. No confirmatory Tenancy Agreements of actual lettings were provided. Tribunal Determination[7]The Tribunal found the following facts: i From photographs the Tenant appears to have looked after the property well and the Landlord is satisfied with the Tenants performance. ii Rightmove marketed rents are not necessarily the agreed rents, and the Tenant has shown there are similar 3 bedroom properties being advertised at less than the Landlords proposed rent.[8]The Tribunal had regard to its own knowledge and experience of market rent levels for similar properties in the area, but without any specific or secret evidence, and the representations from each Party. The Tribunal considers that the Market Rent of the subject Property in reasonable order would be £1,250pcm. This is the rent the Tribunal would expect the property to let for in the open market if it was in the same general condition as comparable properties and assuming floor coverings, white goods and curtains/blinds are provided by the landlord.[9]From this figure there was no requirement for the Tribunal to make any adjustments either for Tenants improvements or Landlords failure to repair.[10]Whilst the Tenant claimed that they would be unable to afford the proposed new rent, being a young working family on a fixed income, the information provided does not, in the Tribunals view, justify in relation to Section 14 (7) undue hardship. Decision[11]In the circumstances the Tribunal determines a Market Rent of £1,250pcm payable from 20 June 2026. Appeal Provisions[12]If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) but generally only on a 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 stating the grounds upon which it is intended to rely in the appeal.