Apt 14, 19 Blyth Avenue, Eccles M30 0YQ:MAN/00BR/MNR/2026/0326 MAN/00BR/MNR/2026/0326
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 £1030.00 per calendar month(pcm) in place of the existing rent of £980.00 pcm to take effect from 27 June 2026.[2]On 3 June 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 periodic tenancy commenced on 27 October 2020. 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 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]None 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 first floor flat forming part of a modern three storey development, offering the following accommodation: Open plan kitchen/lounge, two bedrooms, bathroom with full suite including shower and ensuite bathroom. Outside: Parking space. The Property benefits from double glazing, a full suite of kitchen white goods, carpets throughout and blinds. The Property is situated in the Patricroft area of Eccles within close proximity of amenities and within a short distance of the town centre. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[11]The Tenant made the following comments: a) There have been significant issues with the ventilation system within the whole block. Air-conditioning has been installed as a result, with the associated extra cost of running it. The windows do not open.[12]In terms of rental evidence, the Tenant had provided the following comparables from various property portals: a) Edwin Court, Eccles. Two bedroom, one bathroom apartment. Advertised at £995 pcm. b) Vestry Court, Eccles. Two bedroom, one bathroom apartment. Advertised at £950 pcm c) Devonshire Road, Eccles. Two bedroom, one bathroom apartment. Advertised at £995 pcm. d) Cannon Street, Eccles. Two bedroom, one bathroom apartment. Advertised at £900 pcm. The Landlord[13]The Landlord made the following comments: a) The Landlord did not accept the property was defective but had arranged for the installation of air-conditioning to assist with cooling in hot weather. b) The Tenant had accepted the air-conditioning and a payment of £500 in full and final settlement of any claims associated with the installation works.[14]The following comparables were provided by the Landlord: a) Aqueduct Way, Eccles. First floor, two bedroom, identical apartment in near identical block on same estate. Let for £1045 pcm in February 2026. b) Aqueduct Way, Eccles. Ground floor, two bedroom, identical apartment in near identical block on same estate. Let for £1025 pcm in April 2026. c) The Landlord also provided details of a number of similar properties currently available to let in the local area from a couple of sources. Rents ranged from £1045 pcm to £1375 pcm. Determination and Valuation[15]The Tribunal considered all of the comparables provided by the parties to be relevant to this matter. However, the strongest weight was given to the confirmed rents at Aqueduct Way, given that they were so similar in layout and location.[16]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the parties, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £1030.00 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 the comparable properties including having white goods and curtains provided by the landlord.[17]Given that compensation had been agreed in full and final settlement of the air-conditioning issue and that no evidence of any other issues affecting the rental value was provided, the Tribunal had no reason to adjust this figure. Market rent £1030.00 pcm Undue hardship[18]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.[19]The Tenant refer to not being able to afford the rent but provided no evidence to support this. Therefore, the Tribunal does not consider there to be undue hardship and the date in the Landlord’s notice stands. Decision[20]Therefore, the Tribunal determines the market rent at £1030.00 per calendar month with effect from 27 June 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.