Mr S Wanderer MRICS – ChairMs J ChisholmDate 8 July 2026Property: Flat 94, 32 Sheen Gardens, Manchester, M22 5LFType of application: sections 13 & 14 of the Housing Act 1988 Mr S Wanderer MRICS – Chair
REASONS
[1]On 11 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,210.00 per calendar month(pcm) in place of the existing rent of £1,100.00 pcm to take effect from 28 March 2026.[2]On 24 March 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 assured shorthold tenancy commenced on 28 March 2025 for a term of 12 months. The rental period is monthly. Allocation of Repairs between Landlord and Tenant.[4]As per tenancy agreement and 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 Tenant does not pay any service charges. The Property is let part furnished (wardrobe, bed frame). Liability for Council Tax[6]The Tenant is responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent.[7]N/A. Inspection/Hearing[8]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. The Property[9]The Property is a 1st floor flat in a purpose-built block providing the following accommodation: 2 bedrooms, family bathroom, ensuite bathroom, open plan living room/kitchen The Property is situated in the Heald Green area of Manchester, close to amenities. Manchester city centre is approximately 9 miles to the north. Evidence[10]Although both parties were provided with the opportunity to make submissions, submissions were received only from the Tenant. The Tenant[11]The Tenant noted that the Landlord’s notice of increase was incorrectly dated “11 February 2025” rather than 2026, and submitted that for this reason the notice was invalid.[12]The Tenant provided the following comparable, submitting that the market rent for the property should be £1,100-1,150: a. 208 Altrincham Road £1,100 pcm Determination and Valuation[13]The Tribunal considered initially the validity of the Landlord’s notice of increase. If the notice was not valid, then the Tribunal would lack jurisdiction to make a rental determination.[14]The Tenant challenges the validity of the Landlord’s notice on the basis that the notice is dated “11 February 2025” rather than 2026. In all other respects, the notice complies with requirements of section 13(2). Applying the approach in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19, the Tribunal is satisfied that a reasonable tenant would recognise the “2025” reference as a clerical slip and would clearly understand the landlord’s intended proposal (as indeed the Tenant appears to have recognised in this case), so the notice is not invalid on that account.[15]Relying on its own expert, general knowledge of rental values in the area and the comparable provided by the Tenant, the Tribunal considers that the market rental of the subject Property in good order would be in the order of £1,150.00 pcm. This is the rent we would expect the property to let for in the open market if it was in the same general condition as comparable properties.[16]The Tribunal considers the property to be in overall good condition. As such, no adjustments are warranted and the market rent is determined as below. Market rent £1,150.00 pcm Decision[17]Therefore, the Tribunal determines the market rent at £1,150.00 per calendar month with effect from 28 March 2026, being the date specified in the Landlord’s Notice of Increase. 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.