75 Willwood Avenue, Oakes, Huddersfield, HD3 4YB: MAN/00CZ/MNR/2026/0150 MAN/00CZ/MNR/2026/0150
REASONS
[1]On 28 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £800.00 per calendar month(pcm) in place of the existing rent of £500.00 pcm to take effect from 1 April 2026.[2]On 25 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.[3]The assured shorthold tenancy commenced on 1 February 2025 for a term of 12 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 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 a semi-detached house providing the following accommodation: Ground Floor: living room, kitchen First Floor: 2 bedrooms, bathroom Outside: front and rear gardens, driveway The Property is situated in the Oakes/Lindley area of Huddersfield, close to amenities. Huddersfield town centre is approximately 2 miles to the east. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant[11]The Tenant alleged several aspects of disrepair, chiefly damp/mould. In addition, the Tenant listed a number of improvements he claims to have made to the Property.[12]The Tenant stated that the mirror image neighbouring semi-detached house is let at £410 pcm and proposed a rental value of £500 pcm. The Landlord[13]The Landlord contested the Tenants account as to both improvements, a number of which were said to be unauthorised, and damp, which, the Landlord posited, was most likely due to ‘lifestyle factors’. The Landlord included a damp survey report.[14]In terms of comparable evidence, the Landlord produced the following:a. Facebook discussion of rental values for 2 bed housesb. Email from William H Brown estate agents giving a rental value of £800-850 pcm.c. Facebook listing of 2 bed property in HD3 4JN for £850 pcmd. Listing of Thorncliffe St, Lindley for £850 pcme. Listing of Broomfield Rd, Marsh for £950 Determination and Valuation[15]The Tribunal considered the comparable evidence provided by both parties and did not attribute great weight to either party’s comparables. The Tenant’s reference to a neighbouring property was unsubstantiated hearsay and lacking any details beyond a rental amount. Whilst some of the Landlord’s comparables included a little more supporting information, there was relatively little detail.[16]As to the question of damp, in addition to photographs provided by the Tenant the Landlord’s damp survey report indicates the presence of damp issues and mould. Whilst the report suggests tenant lifestyle as a contributing factor, recommendations are made for a number of improvements/repairs to the Property.[17]Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the market rental of the subject Property 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 comparable properties.[18]From this level of rent, the Tribunal has made adjustments in relation to the following: a) Evidence of damp and mould and leak. b) General lack of modernity The full valuation is shown below: Starting Rent £700.00 pcm Less a) Items given under a) above £55.00 b) Items given under b) above £35.00 Market rent £610.00 pcm Undue hardship[19]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.[20]The Tenant has stated that a rent increase will cause financial hardship. Only very limited information and no supporting evidence was provided as to the Tenant’s financial position.[21]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[22]Therefore, the Tribunal determines the market rent at £610.00 per calendar month with effect from 1 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.