34 Appleton Road, Kirkby, Liverpool, L32 1BA : MAN/00BX/MNR/2026/0258 MAN/00BX/MNR/2026/0258
REASONS
[3]On 23 April 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,050.00 per calendar month(pcm) in place of the existing rent of £800.00 pcm to take effect from 1 June 2026. On 13 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. The assured tenancy commenced on 23 July 2010 for a term of 12 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/Landlord 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 understood to be a semi-detached town house providing three bedrooms (one en-suite). Externally, the Property has front and rear gardens including a driveway. 2 The Property is situated in the Park Meadows estate in Kirkby within close proximity of amenities. Liverpool City Centre is approximately 8 miles to the south west. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[11]The Tenant referred to the following comparables and contended that the monthly rent should be £995: a) b) The Landlord[12]Park Meadows - £900 pcm (3 bed) Penda Drive - £950 pcm (3 bed) The Landlord’s agent provided details of the following comparables a) b) c) Quernmore Road - £1,100 pcm (3 bed) Langton Road - £1,200 pcm (3 bed) Shaldon Road - £950 pcm (3 bed) Determination and Valuation[15]On balance, the Tribunal preferred the Landlord’s comparable evidence. In particular, the Tribunal noted that the Tenant’s Park Meadows comparable, whilst it appears to be a similar to the subject Property, is an existing passing rent, with no information about the date or circumstances under which it was agreed. The Tribunal placed most weight upon the Quernmore Road and Langton Road comparables. 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 £1,050.00 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. In the absence of any evidence to the contrary, the Tribunal consider the property to be in good condition. As such, no adjustments are warranted and the market rent is determined as below. Market rent Undue hardship[12]£1,050.00 pcm 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. 3[14]The Tenant has stated that a rent increase will cause financial hardship. Only very limited information without supporting evidence was provided as to the Tenant’s financial position. 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[15]Therefore, the Tribunal determines the market rent at £1,050.00 per calendar month with effect from 1 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. 4