Flat B, 131 Lord Lane, Failsworth, Manchester, M35 0RZ: MAN/00BP/MNR/2026/0201 MAN/00BP/MNR/2026/0201
REASONS
[1]On 4 March 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £700.00 per calendar month(pcm) in place of the existing rent of £525.00 pcm to take effect from 30 April 2026.[2]On 7 April 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 tenancy commenced on 2 April 2019 for a term of 6 months. The rental period is monthly. Allocation of Repairs between Landlord and Tenant.[4]Essentially as per 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]None. 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]All of the terms of the tenancy agreement generally. Inspection/Hearing[8]In their application the Tenant requested an inspection and a hearing. In a decision dated 1 June 2026 the Tribunal determined that it will make a final determination as to Market Rent based on the evidence submitted and it will not carry out an inspection. Whilst the background for the decision did not set out the application for an oral hearing nor deal with it specifically in reasoning, the decision did state that the Tribunal will make a determination on the evidence provided. This makes it clear no further evidence would be accepted, including evidence that would be adduced at an oral hearing and therefore it was clear to the Tenant that no oral hearing was taking place. Furthermore, there was an opportunity to have their application considered afresh by making application in writing within 14 days, and neither the landlord or the Tenant made such an application.[9]The Tribunal when it convened on 25 June 2026 for the final determination, considered whether an oral hearing was necessary on considering the overriding object the Tribunal determined that it would not be proportionate to adjourn the hearing and list the matter for an oral hearing and it therefore proceed with a paper determination.[10]The Tribunal has therefore considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise. The Property[11]The Property is a First floor studio flat above a parade of shops. The Property benefits from heating and double glazing. The Property is situated in the Failsworth area of Greater Manchester within close proximity of local amenities. Manchester City Centre is approximately 3.8 miles to the south west. Evidence[12]Neither the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[13]The Tenant made the following comments: ‘This rent increase is not only going up by 33%, but it is going up for my neighbour to 700 as well, I would be paying the same as him for less space and fewer rooms. Previously the rent has been upped by just £50 (2024) which is much more reasonable and I would be happy to pay this but there has been no room for negotiation. There's mould and a faulty toilet I've had for 4 years with no support or action to fix it despite reporting it.’ They further go on to state: ‘The landlord has made no repairs or improvement to my studio flat in the last 6 years I have lived there. There is no communication from him and often representatives from the letting agent show up unannounced because he has failed to notify me.’[14]In terms of rental evidence, the Tenant had did not provide any comparable properties. The Landlord[15]The Landlord did not provide any comparable properties. Determination and Valuation[16]Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the market rental of the subject would be in the order of £600.00 pcm. Market rent £600.00 pcm Undue hardship[12]The new rent takes effect from the date specified in the Landlord’s Notice of Increase unless that would cause undue hardship to the tenant. In cases of undue hardship, the Tribunal has a discretion to fix a later starting date up to the date a Tribunal makes its determination.[13]The Tenant has asked the Tribunal to fix a later starting date in this case. They state: ‘I currently don't work, despite having previously worked because of the affects of Covid. I now only get universal credit and PIP.’[14]The Landlord did not respond to the Tenant’s application for postponement due to hardship.[15]As a result of our decision the rent will increase by £75 a month. The date specified in the landlord’s notice was 30 April 2026. On the basis of the lack of evidence supplied by the Tenant, the Tribunal considers that for the increase to take effect from the date in the Landlord’s Notice would not cause undue hardship and accordingly sets the starting date for the new rent as 30 April 2026. Decision[16]Therefore, the Tribunal determines the market rent at £600.00 per calendar month with effect from 30 April 2026. 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.