302 Martime Court 295 Ordsall Lane Salford M5 3QE: MAN/00BR/MNR/2025/1005 MAN/00BR/MNR/2025/1005
REASONS
[1]On 8th August 2025, the Respondent Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1043.00 per calendar month(pcm) in place of the existing rent of £975.00 pcm to take effect from 23rd October 2025.[2]On 21st October 2025, under Section 13(4)(a) of the Housing Act 1988, the Applicant 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 23rd October 2024 for a term of 12 months. The rental period is monthly. On 23rd October 2025 a statutory monthly periodic tenancy arose. 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]N/A. Liability for Council Tax[6]The Tribunal understands the Applicant is responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax. Inspection and form of determination[7]Neither party requested an oral hearing.[8]The property was inspected on 1st April 2025.[9]The Applicant and officers of the Respondent company were present at the inspection.[10]The application has been determined on the basis of the papers submitted by the parties in advance of the inspection, the inspection, evidence at the oral hearing, and the Tribunal’s own knowledge and specialist expertise. The Law[11]The Tribunal considered and applied section 14 of the Housing Act 1988 (HA 1988). The Property[12]The Property is a purpose built one bedroom apartment with balcony within a high-rise development built in 2021. The apartment is situated on the 6th floor of an 8-storey block and comprises: entrance hall, cupboard hot water cylinder, kitchen diner, bathroom and one bedroom. The Tribunal understands the apartment to measure approximately 39 sqm (420 sq ft). The landlord provides the apartment fully furnished including all white goods, kitchen appliances, floor coverings, along with furniture. The tenant has confirmed that no defects have been apparent. No car parking is provided as part of the tenancy agreement however one can be allocated for an additional fee. The apartment has an inside courtyard aspect and views. The development has the benefit of a concierge service albeit this is not 24 hours, 7 days a week. It also has common facilities which include co-working spaces, gymnasium, sauna facilities etc. Issues[13]The following issues were identified for determination by the Tribunal:a. The market rent for the property which could be achieved if it were in good letting order;b. Whether there were any matters which made it appropriate to reduce the market rent, and, if so;c. The amount of any deductions from the market rent;d. The rent to be applied to the property in the light of any deductions;e. The commencement date for the rent, including potential undue hardship to the tenant. Relevant Evidence and the Tribunal’s Conclusions on the Issues[14]Both the Applicant and Respondent made written submissions.[15]The Applicant’s submissions/evidence was to the effect that an appropriate open market rent for the property would be £975.00 pcm, and evidence was provided of advertised properties in the Salford area, which the Applicant submitted were comparable to his property, with asking rents (in January/February 2026) of between £925.00 and £975.00 pcm.[16]The Respondent’s submissions/evidence included a report of Thomson and Associates, Chartered Surveyors dated 4th December 2024, reviewing rent for the Respondent owned properties in the locality. That report suggested that a rent increase of almost 10% was indicated “by the various indices and databases”, and that accordingly, the Respondent’s proposed increase of 7% was “a very conservative uplift in Salford and Eccles…”.[17]The Respondent provided evidence of 1-bedroom properties of similar and larger measurements, let in the same building between October 2025 and January 2026, at rents between £1000.00 and £1070.00 pcm. Determination and Valuation[18]Relying on its own expertise and general knowledge of rental values in the area, and the comparables provided by the Applicant and Respondent, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £1000.00 pcm. 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 the comparable properties including having white goods and curtains/floor coverings provided by the landlord.[19]From this level of rent, the Tribunal has made no adjustments, and therefore the open market rent determined is: £1000.00pcm Undue hardship[20]The new rent takes effect from the date specified in the Respondent 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.[21]The Tenant submitted no evidence in relation to undue hardship. Decision[22]Therefore, the Tribunal determines the market rent at £1000 .00 per calendar month with effect from 23rd October 2025. 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. .