5 Delight Court, Dipton, Co Durham, DH9 9XJ: MAN/00EJ/MNR/2026/0136 MAN/00EJ/MNR/2026/0136
REASONS
[1]On 12 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £150.31 per week (including water and service charges) in place of the existing rent of £141.64 per week to take effect from 6 April 2026.[2]On 18 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 14 August 2023 for a term of 12 months. The rental period is weekly. 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 rent includes water charges and fixed service charges covering, inter alia, communal cleaning and gardening. The charges within the existing rent are itemised as £8.94 (water) and £50.20 (service charges). Within the proposed rent, the charges within the existing rent are itemised as £9.40 (water) and £54.45 (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 Ground floor flat in a purpose-built independent living complex providing the following accommodation: living room/kitchen, bedroom, bathroom Outside: communal gardens The Property is situated in Dipton, close to amenities. Newcastle city centre is approximately 10 miles to the north east. Evidence[10]Although both parties were provided with the opportunity to make submissions, submissions were received only from the Tenant. The Tribunal was disappointed not to have received any submissions from the Landlord. The Tenant[11]The Tenant asserts that the development includes two types of flat, of which the subject Property is one of the smaller types, but that his rent is higher than the rents being paid by tenants of larger flats. Beyond this submission, no comparable evidence was provided. Determination and Valuation[12]The Tribunal considered the submission by the Tenant about rents payable on other flats, but in the absence of any details, felt unable to attribute evidential weight to this claim.[13]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 £90.00 per week. 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.[14]From this level of rent, the Tribunal has made adjustments in relation to the following: a) Water charges b) Service charges The full valuation is shown below: Starting Rent £90.00 per week Add a) Items given under a) above £9.40 b) Items given under b) above £54.45 Market rent £153.85 per week (including water charges of £9.40 and service charges of £54.45) Decision[15]Therefore, the Tribunal determines the market rent at £153.85 per week with effect from 6 April 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.