Apartment 125 Joshua House, Textile Street, DEWSBURY, WF13 2EY: MAN/00CZ/MNR/2026/0351 MAN/00CZ/MNR/2026/0351
REASONS
[1]On 24th April 2026 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £700 per calendar month (pcm) in place of the existing rent of £650 pcm to take effect from 25th June 2026.[2]On 24th June 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 tenancy commenced on 25th June 2025 for a term of 12 months. 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]£0 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]None Inspection/Hearing[8]Neither party requested an oral hearing. The Tribunal has considered this case based on the papers provided by the parties and its own knowledge and specialist expertise. The subject property was not inspected. The Property[9]The subject property was not inspected. Accordingly, the Tribunal relies upon the floor plans, imagery and associated details provided and is assumed to comprise of a ground floor apartment forming part of a modern residential development of similar age and size properties. The accommodation is arranged on one floor and comprises: Ground Floor Flat: hall, living room with open plan kitchen, bedroom 1 with en-suite shower and w/c, bedroom 2, bathroom with w/c Externally: Allocated car parking space, communal grounds. The Property is situated in an established residential area within reasonable distance of general amenities and transport links. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[11]The Tenant raised several issues during his tenancy which is briefly summarised as: ‘’The property has landlord-owned appliances that don't work: fridge freezer (never worked), built-in oven (never worked - trips the breaker in the consumer unit when used), and a hob that is unsafe for use. In addition, the tenant states ‘’ I had to provide my own appliances. As these appliances belong to me and are not part of fixtures and fittings I will take them with me when I move out. As such the rent determination should be based on the property not having such appliances.’’ The landlord is asking for £700 for an apartment that has appliances that don't work, needs some decoration and has an EPC of E. I just don't believe this would be achieved today in current market given the issues raised above.’’[12]In terms of rental evidence, the Tenant did not provide specific information in terms of property address nor details of rent achieved and contractual dates. Instead, the following comments are made: ‘’In the apartment complex, other properties have been let recently. One was let at £650 (this was in March). It is decoratively similar but has working appliances. Another was let in the past week or two. This did achieve £695. It is more attractive (being on the top floor it gets more light, for example), decoratively superior, has working appliances and also has an EPC of C. This property is pretty much identical in size/layout. It is true that some properties in the complex have exceeded £700 - but these are fully furnished and decorated to a high standard with higher-end kitchen appliances so are not valid comparisons in my view.’’ The Landlord[13]The Landlord makes no comment upon the alleged defects in the response form.[14]In terms of Landlord evidence, the agent does not provide any comparable evidence in support of the proposed rental increase. The agent’s representative relies upon its statement that ‘’We believe this is market rent for the property so don't agree that the rent should remain at £650pcm’’. Determination and Valuation[15]The Tribunal first considered the condition issues raised by the applicant, namely electric faults and faulty ‘white goods’. These are not disputed by the Landlord’s agent in its response. Accordingly, these are relevant defects to which the Tribunal is prepared to consider in making its determination.[16]The Tribunal then turned to the letting evidence provided by the tenant. Whilst lacking in detail, the tenant does refer to rental values of comparable flats in the same apartment building. The tenant also makes reference to other flats which are not directly comparable but to ‘’give context of property types/rents in the complex.’’[17]The Tribunal noted that no supporting evidence is provided by the Landlord.[18]Accordingly, using its own expert, general knowledge of rental values in the area, and the comparables provided, the Tribunal considers that the market rental of the subject property modernised and in good order would be in the order of £675 pcm which is the same as the rent sought under the Section 13(4)(a) notice. 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) Defective white goods. The full valuation is shown below: Starting Rent £ 675.00 Less Items given under a) above £ 25.00 £650.00 Market rent, say £650 pcm Decision[19]Therefore, the Tribunal determines the market rent at £650 per calendar month with effect from 25th June 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.