69 Station Road, Ossett, WF5 8AY: MAN/00DB/MNR/2026/0260 MAN/00DB/MNR/2026/0260
REASONS
[1]On 14 April 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £850.00 per calendar month(pcm) in place of the existing rent of £725.00 pcm to take effect from 25 May 2026.[2]On 4 May 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 25 September 2013 for a term of 6 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, although the Tenant reports that some items of furniture were left the Property by the previous tenant. 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 ground floor flat providing the following accommodation: kitchen, living room/dining room, bathroom, 2 bedrooms, cellar Outside: garden The Property is situated in Ossett, close to amenities. Leeds city centre is approximately 10 miles to the north. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tribunal notes that both parties’ submissions were at least in part handwritten and could not easily be read. The Tenant[11]The Tenant noted a number of repair and maintenance issues including evidence of damp/mould, old single glazed windows and an outdated kitchen. The following comparables were provided, and the Tenant submitted that the rent should be £775 pcm.a. Illingworth St - £750 pcm 2 bed flatb. South Street - £795 pcm 2 bed flatc. Charles Street - £825 pcm 2 bed terraced house The Landlord[12]The Landlord addressed the condition issues raised by the Tenant and submitted that the Tenant bears some responsibility as regards lifestyle and refusing access for contractors.[13]Reference was made to an estate agent’s valuation of £850 pcm, but no report was provided. Determination and Valuation[14]The Tribunal considered the submissions of both parties. The subject Property is somewhat unique making direct comparison more difficult than usual.[15]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 £800.00 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.[16]From this level of rent, the Tribunal has made adjustments in relation to the following: a) Condition of kitchen and window frames. The full valuation is shown below: Starting Rent £800.00 pcm Less a) Items given under a) above £25.00 Market rent £775.00 pcm Decision[17]Therefore, the Tribunal determines the market rent at £775.00 per calendar month with effect from 25 May 2026, being the date specified in the Landlord’s Notice of Increase. 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.