5 Union Close, Hattersley, Hyde, Hyde, SK14 3GJ: MAN/00BT/MNR/2026/0252 MAN/00BT/MNR/2026/0252
REASONS
[3]Unusually for this jurisdiction, this case involves a proposed reduction in rent. On 30 March 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,150.00 per calendar month(pcm) excluding utility bills in place of the existing rent of £1,250.00 pcm including utility bills to take effect from 1 May 2026. On 29 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. The assured tenancy commenced on 1 October 2025 for a term of 6 months. 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]The Tenant does not pay any service charges. The Property is let part furnished with the Landlord providing the following items: lounge settee and poof, dining table and chairs, curtains and blinds, microwave, coffee machine, crockery, cutlery, kettle, toaster, bed in second bedroom, sideboard, framed pictures, tv and sky boxes. Liability for Council Tax and Utilities[6]The Property was originally let on the basis that the Landlord was responsible for the payment of Council Tax and utilities costs. The Landlord, in the notice dated 30 March 2026, proposes that the new rent should be paid on an exclusive basis, with the Tenant responsible for Council Tax and utilities. The Tenant, in her application, has not contested the principle of the change from an all-inclusive to an exclusive rent (other than as regards the amount of rent payable). The Tribunal, therefore, takes as agreed this variation to the rental basis. The rent determined is exclusive of Council Tax and utilities. Any other terms of the tenancy taken into consideration in determining the rent.[7]N/A. Inspection/Hearing 2[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 modern end-terrace house providing the following accommodation: Ground Floor: kitchen, living room First Floor: 2 bedrooms, bathroom Outside: rear garden The Property is situated in the Hattersley area of Greater Manchester within close proximity of amenities. Manchester City Centre lies roughly 10 miles to the west. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant[11]The Tenant provided links to a number of internet portal searches including Rightmove and OnTheMarket, which were said to demonstrate prevailing a prevailing market range for comparable properties of £850 to £1,000 pcm. The Tenant argued for a rental value for the Property of £1,000 pcm. The Landlord[12]The Landlord for her part provided the following comparables: a) Mount Pleasant Road, Denton – 2 bed terrace £1,100 pcm b) c) d) e) Atherton Court, Mottram– 2 bed terrace £1,000 pcm Lanegate, Hyde – 2 bed terrace £1,100 pcm Stocks Lane, Stalybridge – 2 bed terrace £1,200 pcm Bankside, Hyde – 2 bed terrace £1,100 pcm Determination and Valuation[14]The Tribunal noted that the comparable evidence referred to by both parties was generally for unfurnished properties. Relying on its own expert, general knowledge of rental values in the area, and the comparables referred to above, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £1,100.00 pcm. This is the rent we would expect 3 4 the property to let for in the open market if it was unfurnished and in the same general condition as the comparable properties.[15]From this level of rent, the Tribunal has made adjustments in relation to the following: a) The provision of furnishings referred to in paragraph 5. The full valuation is shown below: Starting Rent £1,100.00 pcm add a) Items given under a) above £25.00 Market rent £1,125.00 pcm Undue hardship[12]The general position is that the new rent takes effect from the date specified in the Landlord’s Notice 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 stated that a rent increase (sic.) will cause financial hardship. No information or supporting evidence was provided as to the Tenant’s financial position.[14]The Tribunal does not consider that a case for undue hardship is established. Accordingly, the new rent will take effect from the date specified in the Landlord’s Notice of Increase. Decision[16]Therefore, the Tribunal determines the market rent at £1,125.00 per calendar month with effect from 1 May 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.