Apartment 304, Silkhouse Court, 7 Tithebarn Street, Liverpool, L2 2AA:MAN/00BY/MNR/2025/1068 MAN/00BY/MNR/2025/1068
REASONS
[1]On 24 November 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £750 per calendar month (pcm) in place of the existing rent of £675 pcm to take effect from 17 January 2026.[2]On 14 December 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 17 March 2023. The rental period is monthly, commencing on the 17th 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.[6]The Tenant stated in his application form that the Apartment was fully furnished. Liability for Council Tax[7]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.[8]No other particular tenancy terms were taken into consideration. Inspection/Hearing[9]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[10]No inspection took place.[11]The parties declined an inspection and the only photographs provided are to show the water staining on the ceiling.[12]The Property is a fully furnished third floor studio apartment with a bathroom (from Application).[13]The Property is situated in Liverpool city centre. Evidence[14]The Tribunal considered the evidence from the Applicant in relation to the following: i. alleged water ingress which he stated “appears to have been previously accessed or repaired”. No evidence is provided to suggest that there was ongoing water ingress or that the latter incident had not been repaired. The Applicant states only that the issue has not been resolved in a “timely or permanent manner”. ii. That one of tow lifts had been out of service for a considerable period of time. Determination and Valuation[15]The Tribunal used its general knowledge of Market Rents in the vicinity as well as the comparative evidence provided and decides that the Market Rent of the subject property is £675 per calendar month.[16]From this level of rent, the Tribunal has made no adjustments in relation to the following: a) The Tribunal has not been able to consider the condition of the Property is fair but the allegations of water ingress and the lift that was not operative were considered. The full valuation is shown below: Starting Rent £675 pcm Less a) Items given under a) above £0 Market rent £675.00 pcm Undue hardship[12]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.[13]The Tenant has not asked the Tribunal to fix a later starting date in this case. Decision[14]Therefore, the Tribunal determines the market rent at £675 per calendar month with effect from 17 January 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.