Living room, kitchen/diner, downstairs wc, four bedrooms and two bathrooms. Outside: Off road parking. The Property benefits from central heating, double glazing, flooring throughout, blinds and a full range of kitchen white goods. The Property is situated in Earlstown area of Newton-le-Willows, with good access to local amenities. Evidence 10. The parties completed the relevant MR1 (tenant) and MR2 (landlord) forms. The Tenant 11. The Tenant made the following comments: a) The Tenant confirmed that they had replaced the flooring downstairs. 12. The Tenant did not provide comparable rental evidence. The Landlord 13. The Landlord made the following comments: a) They provided a comprehensive summary report on the tenancy, including details of repairs undertaken during the tenancy. 14. The following comparables were provided by the Landlord: a) Shearer Close, Sutton, St. Helens. Four bedroom, two bathroom, semidetached house. Advertised at £1450.00 pcm. b) 4 Hoy Drive, Newton-le-Willows. Identical unit to the Property. Rent achieved at £1410.00 pcm in June 2026. MAN/00BZ/MRA/2026/0022
Mr N Swain MRICS – ChairMrs A UsherDate 29 July 2026Property: 6 Hoy Drive, Newton-le-Willows, Merseyside WA12 9DSType of application: sections 13 & 14 of the Housing Act 1988
REASONS
[1]On 27 May 2026, the Landlord served a notice under Section 13 (2) (as amended) of the Housing Act 1988 which proposed a new rent of £1415.00 per calendar month (pcm) in place of the existing rent of £1085.00 pcm to take effect from 15 August 2026.[2]On 09 June 2026, under Section 14 (A3) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of an open-market rent.[3]The tenancy commenced on 02 May 2019. The rental period is monthly. 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]None Liability for Council Tax[6]The Tenant are 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]None 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 four bedroom, semidetached house, offering the following accommodation: Property: Living room, kitchen/diner, downstairs wc, four bedrooms and two bathrooms. Outside: Off road parking. The Property benefits from central heating, double glazing, flooring throughout, blinds and a full range of kitchen white goods. The Property is situated in Earlstown area of Newton-le-Willows, with good access to local amenities. Evidence[10]The parties completed the relevant MR1 (tenant) and MR2 (landlord) forms. The Tenant[11]The Tenant made the following comments: a) The Tenant confirmed that they had replaced the flooring downstairs.[12]The Tenant did not provide comparable rental evidence. The Landlord[13]The Landlord made the following comments: a) They provided a comprehensive summary report on the tenancy, including details of repairs undertaken during the tenancy.[14]The following comparables were provided by the Landlord: a) Shearer Close, Sutton, St. Helens. Four bedroom, two bathroom, semidetached house. Advertised at £1450.00 pcm. b) 4 Hoy Drive, Newton-le-Willows. Identical unit to the Property. Rent achieved at £1410.00 pcm in June 2026. Determination and Valuation[15]The Tribunal considered both of the comparables from the Landlord to be relevant to this matter.[16]Relying on its own expertise and general knowledge of rental values in the area, and the comparables provided by the Landlord, the Tribunal considers that the market rent of the subject Property modernised and in good order would be in the order of £1450.00 pcm. This is the rent we would expect the property to let for in the open market at the valuation date and if it was in the same general condition as the comparable properties.[17]With no comment or evidence provided as to the condition of the Property, it is considered to be in good order. Therefore, no adjustment to the market rent is required. Open-Market Rent £1450.00 pcm Undue hardship[18]The new rent takes effect from the date which is the beginning of the first new period of the tenancy which begins on or after the date of the determination 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 two months after it makes its determination.[19]The Tenant has asked the Tribunal to fix a later starting date in this case. The Tenant says he will be caused undue hardship because they are already in financial difficulties and provided a copy of their “Summary budget for creditors” from the National Debt Line organisation. This was unsigned and no other supporting documentation was provided[20]The Landlord did not respond to the Tenant’s application for postponement due to hardship. However, they did include a copy of their rent increase email, dated 27 May 2026, in the bundle. This showed that whilst they considered the market rent to be £1415.00 pcm, they were granting a concession to the Tenant resulting in a monthly rent of £1250.00 pcm.[21]On the basis of the evidence supplied by the Tenant and the information provided by the Landlord, the Tribunal considers that for the increase to take effect from the date the Tribunal makes its determination would not cause undue hardship and does not fix a later starting date. Decision[22]The Tribunal determines the new rent at the amount proposed by the Landlord of £1415.00 per calendar month with effect from 15 August 2026 as this is lower than the open-market rent determined by the Tribunal. 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 (rule 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.