23 Bittern House Worsdell Dr Gateshead NE8 2FB: MAN/00CH/MNR/2026/0063 MAN/00CH/MNR/2026/0063
REASONS
[1]On 23 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,500per calendar month(pcm) in place of the existing rent of £1,400pcm to take effect from 12 April 2026. This replaces an earlier notice dated 8 January 2026 which was invalid due to incorrect dates, which the Landlord realised and reserved. On 9 February 2026, under Section 13(4)(a) of the Housing Act 1988, the Tenant appealed the proposed new rent to the Tribunal for determination. The Tenant did not dispute the validity of the notices. The monthly tenancy commenced on 12 February 2024. Allocation of Repairs and Council Tax between Landlord and Tenant.[2]Responsibility for Repairs is as per section 11 of the Landlord and Tenant Act 1985. The property is part furnished, namely sofa, coffee table, dining table, bed and wardrobe. No service charge is payable by the Tenant. The Tenant is responsible for the payment of Council Tax in respect of the Property. Inspection/Hearing[3]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[4]The Property is in a modern development of apartments. No. 23 comprises a duplex apartment over 2 floors, Reception room, Kitchen, Master Bedroom with en suite shower room, 2 further Bedrooms one double, one three-quarter, and separate bathroom, single designated car space in shared garage for the building. The Property is situated in Gateshead close to the river on a modern development. Representations as to Rental Value[5]Tenant The Tenant considers the apartment to be only 2 Bedrooms, plus a study, and put forward that a 2 Bedroom flat is the same building is advertised at £1,200pcm. No detailed particulars for this property were submitted. As the flat has electric heating costs are high, and no services are included.[6]Landlord The Landlord states on 7 April 2026, it is a 3 Bedroom duplex apartment, supported by floor plans and photographs. Also included is Rightmove comparable evidence including a 2 Bedroom flat in Bittern House advertised at £1,600pcm in January 2025, another 2 Bedroom in Midlothian Court £1,500 May 2025, plus 10 others, mostly 2 Bedroom at asking rents of £1,400 to £1,500pcm. Tribunal Determination[7]The Tribunal found the following facts: i The second Landlord’s Notice was valid ii The property is a 3 Bedroom duplex apartment, albeit Bedroom 3 is three quarter, much larger than the average 2 Bedroom apartments in the block.[8]The Tribunal had regard to its own knowledge and experience of market rent levels for similar properties in the area, but without any specific or secret evidence, and the representations from each Party. The Tribunal considers that the Market Rent of the subject Property in reasonable order would be £1,500pcm. This is the rent the Tribunal would expect the property to let for in the open market if it was in the same general condition as comparable properties and assuming floor coverings, white goods and curtains/blinds are provided by the landlord.[9]The Tribunal are unaware of any disrepairs, nor any Tenants improvements.[10]No relevant evidence was before the Tribunal in relation to Section 14 (7) whether undue hardship would be caused to the tenant by the new rent being payable from 12 April 2026, the date specified in the Landlord’s Notice. The Tenant specifically confirmed no hardship would be caused. Decision[11]In the circumstances the Tribunal determines a Market Rent of £1,500pcm payable from 12 April 2026. Appeal Provisions[12]If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) but generally only on a 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 stating the grounds upon which it is intended to rely in the appeal.