Hall, living room, kitchen/diner, two bedrooms, bathroom with full suite, ensuite shower room. Outside: Off road parking space. The Property benefits from electric heating, double glazing and flooring throughout. The Property is situated in the Buckley area of Rochdale with access to local amenities. Rochdale Town Centre is situated approximately 1 ½ miles to the south west. Evidence 10. The parties completed the relevant MR1 (tenant), MR2 (landlord) and MR3 (tenant’s reply). The Tenant 11. The Tenant made the following comments: a) They consider that the rent increase takes the Property well above the market rent. 12. The Tenant provided the following comparables (both being marketed by Simple Life, the developer of the scheme): a) Brook End, Rochdale. Two bedroom flat, identical to the Property. Advertised at £975.00 pcm. a) Brook End, Rochdale. Two bedroom flat, identical to the Property. Advertised at £990.00 pcm. The Landlord 13. The Landlord provide a comprehensive summary of the tenancy details and other factors related to this matter. 14. The following comparables were provided by the Landlord: a) Brook End, Rochdale. Identical unit to the Property. Rent agreed at £1025.00 pcm from 02 May 2026. b) Two flats at Coral House, Rochdale. Similar units but slightly smaller. Rent agreed at £1035.00 pcm, one in October 2025 and one in February 2026. c) Two flats at New Ballie Street. Similar units, but with significantly building amenities included, such as a gym. Both being advertised, one at £1255.00 pcm and the other at £1270.00 pcm. MAN/00BP/MRA/2026/0036
Mr N Swain MRICS – ChairMrs A UsherDate 29 July 2026Property: Flat 14, 45 Arkwright Avenue, Rochdale OL16 2BSType of application: sections 13 & 14 of the Housing Act 1988
REASONS
[1]On 27 May 2026, the Landlord served a notice under Section 13 (2) (as amended) of the Housing Act 1988 which proposed a new rent of £1030.00 per calendar month (pcm) in place of the existing rent of £1000.00 pcm to take effect from 01 September 2026.[2]On 26 June 2026, under Section 14 (A3) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of an open-market rent.[3]The tenancy commenced on 01 September 2023. The rental period is monthly. Allocation of Repairs between Landlord and Tenant.[4]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 Tenants are 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]None. 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 first floor flat forming part of a modern three storey development, offering the following accommodation: Property: Hall, living room, kitchen/diner, two bedrooms, bathroom with full suite, ensuite shower room. Outside: Off road parking space. The Property benefits from electric heating, double glazing and flooring throughout. The Property is situated in the Buckley area of Rochdale with access to local amenities. Rochdale Town Centre is situated approximately 1 ½ miles to the south west. Evidence[10]The parties completed the relevant MR1 (tenant), MR2 (landlord) and MR3 (tenant’s reply). The Tenant[11]The Tenant made the following comments: a) They consider that the rent increase takes the Property well above the market rent.[12]The Tenant provided the following comparables (both being marketed by Simple Life, the developer of the scheme): a) Brook End, Rochdale. Two bedroom flat, identical to the Property. Advertised at £975.00 pcm. a) Brook End, Rochdale. Two bedroom flat, identical to the Property. Advertised at £990.00 pcm. The Landlord[13]The Landlord provide a comprehensive summary of the tenancy details and other factors related to this matter.[14]The following comparables were provided by the Landlord: a) Brook End, Rochdale. Identical unit to the Property. Rent agreed at £1025.00 pcm from 02 May 2026. b) Two flats at Coral House, Rochdale. Similar units but slightly smaller. Rent agreed at £1035.00 pcm, one in October 2025 and one in February 2026. c) Two flats at New Ballie Street. Similar units, but with significantly building amenities included, such as a gym. Both being advertised, one at £1255.00 pcm and the other at £1270.00 pcm. Determination and Valuation[15]Of the comparables provided, those provided by the Tenant and the first two provided by the Landlord are considered relevant. The New Baillie Street properties have been discounted due to the significant extra building amenities included.[16]In considering the comparables, the Tribunal notes that the Landlord’s comparables appear to be for sitting Tenants and assume that they are the result of agreed rent reviews. Tenants often agreed rent increases with little resistance, being fearful of losing their home and whilst the Renters Rights Act has changed that, there is inevitably a delay in attitudes changing. Therefore, that the Landlord is advertising identical properties for significantly lower rents, would suggest that the Landlord’s comparables do not reflect the current market rent to the same extent that the Tenant’s comparables do.[17]Relying on its own expertise and general knowledge of rental values in the area, and the comparables provided by the Landlord/the Tenant, the Tribunal considers that the market rent of the subject Property modernised and in good order would be in the order of £990.00 pcm. This is the rent we would expect the property to let for in the open market at the valuation date and if it was in the same general condition as the comparables.[18]There is no evidence to suggest that any adjustment to the market rent figure is required. Open-Market Rent £990.00 pcm Decision[12]The Tribunal determines the new rent amount at £990.00 per calendar month with effect from 01 September 2026 which is the beginning of the first new period of the tenancy which begins on or after the date of the determination. 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 (rule 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.