Flat 4, 37 Peel Street, Liverpool, L8 3SY: MAN/00BY/MNR/2026/0135 MAN/00BY/MNR/2026/0135
REASONS
[3]On 18 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £700.00 per calendar month(pcm) in place of the existing rent of £500.00 pcm to take effect from 22 March 2026. On 16 March 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 22 April 2012 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/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 described in the submissions as a First Floor flat providing the following accommodation: Living room, bedroom, bathroom, kitchen 2 The Property is situated in the Toxteth area of Liverpool within close proximity of amenities. Liverpool City Centre is approximately 2 miles to the north. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[11]The Tenant acknowledged that another flat in the same building had recently let at £700 pcm, but submitted that the subject Property was in poorer condition, referring to photographic evidence of the subject Property and asserting that the neighbouring flats had been refurbished. The Landlord[14]The Landlord’s position was that the works undertaken to the other flats in the building were limited in scope and did not amount to a full refurbishment. The Landlord accepted that the internal condition of the Property is poorer than some of the comparable flats, but submitted that this was at least in part due to the way the Property has been kept by the Tenant. The Landlord also provided three one-bed comparables drawn from the wider area ranging between £750 and £950 pcm. Determination and Valuation[17]. Relying on its own expert, general knowledge of rental values in the area, and the evidence of rents on other flats in the same building, on which both parties were agreed, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £700.00 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. From this level of rent, the Tribunal has made adjustments in relation to the following: a) Issues with the condition of the Property which reduce its value including damage to kitchen work surface, plaster/decoration around bathroom window, bathroom floor. The full valuation is shown below: 3 4 Starting Rent £700.00 pcm Less a) Items given under a) above £35.00 £35.00 Market rent £665.00 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 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.[14]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 £665.00 per calendar month with effect from 22 March 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.