Rafiq Ahmad JawedApplicantAnnika HamiltonRespondentRafiq Ahmad JawedTenantAnnika HamiltonLandlord
Before
Mr S Wanderer MRICS – ChairMr S HarveyDate 20 July 2026Property: 117 Victory Avenue, Paddock, Huddersfield, HD3 4HFType of application: sections 13 & 14 of the Housing Act 1988 Mr S Wanderer MRICS – Chair
REASONS
[3]On 1 June 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £725.00 per calendar month(pcm) in place of the existing rent of £500.00 pcm to take effect from 14 August 2026. On 26 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 a market rent. The assured shorthold tenancy appears to have commenced in 2024, (although the tenancy agreement provided to the Tribunal did not show a clear start date) for a term of 8 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]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 mid-terrace house providing the following accommodation: Ground Floor: living room, kitchen First Floor: 2 bedrooms, bathroom Outside: front and rear gardens, rear outhouse 2 The Property is situated in the Paddock 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[12]The Tenant noted a number of repair and maintenance issues including dated décor, worn carpets and the absence of an extractor in the kitchen. In addition, the Tenant referred to a number of small improvements they had made to the property. The Tenant provided the following comparables, submitting that the market rent for the property should be £600:a. Church Avenue £650 pcmb. College Street £650 pcm The Landlord[14]The Landlord addressed the condition issues raised by the Tenant and submitted, based on the fact that the Tenant has been in occupation of the Property since 2020 and that the matters raised by the Tenant fall within the Tenant’s repairing responsibilities. The Landlord provided the following comparablesa. Wellington Street £700 pcmb. Baker Street £775 pcmc. Greenhill Road £700 pcmd. Victory Avenue £700 pcm Determination and Valuation[17]The Tribunal considered the comparable evidence provided by both parties but on balance attributed greater weight to the Landlord’s comparable evidence as being more directly relevant. Relying on its own expert, general knowledge of rental values in the area and the comparables provided by the parties, 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. The Tribunal considered the issues as to condition raised by the Tenant as well as improvements but regards these as minor and not liable to have an impact on rental value. As such, no adjustments are warranted and the market rent is determined as below. 3 Market rent £700.00 pcm Undue hardship[19]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. 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.[20]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 beginning of the first new period of the tenancy which begins on or after the date of the determination. Decision[21]Therefore, the Tribunal determines the market rent at £700.00 per calendar month with effect from 14 August 2026, being the beginning of the first new period of the tenancy which begins on or after the date of the determination. 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.