47 Berkeley Avenue,Liverpool,L12 4YS:MAN/00BY/MNR/2025/1051 MAN/00BY/MNR/2025/1051
REASONS
[1]On 4 April 2025, the Landlord sent an email to the Tenant informing him of the rent increase to take effect from 30 May 2025. The proposed new rent was £725 per calendar month (pcm) (in place of the existing rent of £600pcm) to take effect from 9 January 2026.[2]By Application dated 26 November 2025, 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 tenancy commenced on 30 September 2019. The rental period is monthly, commencing on the 1st of each month. 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]No service charges were identified as part of or separately from the rent. No furniture was provided by the Landlord. 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]No other particular tenancy terms were taken into consideration. Inspection/Hearing[8]An oral hearing took place on 17 April 2026 which was attended by the Applicant, the Respondent was not in attendance. The Tribunal has considered the documents received from the parties, the oral evidence and submissions of the Applicant and its own knowledge and specialist expertise. The Property[9]The Tribunal carried out an external only inspection of the Property on 17 April 2026. The parties were notified of the inspection, but the Landlord was not able to attend due to a change in the time of the inspection and, therefore, the Tribunal was not able to gain access.[10]The Tribunal were able to view photographs of the flat at the hearing.[11]The Property is a first floor flat with one living room, one bathroom, one kitchen and two bedrooms (from Application).[12]The Property is situated in Liverpool. The surrounding area is predominantly residential with all amenities close by. Determination and Valuation[13]The Tribunal used its general knowledge of Market Rents in the vicinity to decide that the Market Rent of the subject property is £625 per calendar month.[14]From this level of rent, the Tribunal has made no adjustments Undue hardship[15]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.[16]The Tenant satisfied the Tribunal at the hearing that he would suffer undue hardship if he was required to pay rent from the date specified in the Landlord’s Notice. Decision[17]Therefore, the Tribunal determines the market rent at £625 per calendar month with effect from 17 April 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.