125 Acacia Crescent, Beech Hill, Wigan, WN6 8NU: MAN/00BW/MNR/2026/0311 MAN/00BW/MNR/2026/0311
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 £850.00 per calendar month(pcm) in place of the existing rent of £595.00 pcm to take effect from 29 May 2026.[2]On 27 May 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 shorthold tenancy commenced on 29 October 2018 for a term of 6 months. The rental period is monthly. Allocation of Repairs between Landlord and Tenant.[4]As per tenancy agreement and 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 unfurnished. 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]N/A. 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 semi-detached house providing the following accommodation: Ground Floor: living room, kitchen/diner, bathroom First Floor: 3 bedrooms Outside: front and rear gardens, driveway The Property is situated in the Beech Hill area of Wigan, close to amenities. Wigan town centre is approximately 2 miles to the south. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant[11]The Tenant noted that the property was poorly maintained and, in particular, that the windows were in poor condition.[12]The Tenant did not provide any comparables, but did provide an online ‘rent checker’ from onthemarket.com showing an estimated monthly rent of £576, submitting that the market rent for the property should be £700: The Landlord[13]The Landlord addressed the condition issues raised by the Tenant and submitted in particular that works to the property including installation of a new bathroom, new heating system and decoration.[14]The Landlord provided a link to local comparables search through Rightmove.com, but did not refer to specific comparables. Determination and Valuation[15]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 in good order would be in the order of £850.00 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 comparable properties.[16]From this level of rent, the Tribunal has made adjustments in relation to the following: a) Poor windows, damage to kitchen worktop and generally dated condition. The full valuation is shown below: Starting Rent £850.00 pcm Less a) Items given under a) above £50.00 Market rent £800.00 pcm Undue hardship[17]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.[18]The Tenant has stated that a rent increase will cause financial hardship. Only very limited information and no supporting evidence was provided as to the Tenant’s financial position.[19]Whilst any significant increase in rent will inevitably cause some measure of hardship, in considering whether to exercise its discretion to postpone the rent increase, the question for the Tribunal is whether undue hardship will be caused. In this case, 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[20]Therefore, the Tribunal determines the market rent at £800.00 per calendar month with effect from 29 May 2026, being the date specified in the Landlord’s Notice of Increase. 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.