18 Gerard Drive Nantwich Cheshire CW5 5JR MAN/00EQ/MNR/2025/0709
DECISION
[1]The rent is £1050.00 per calendar month. The new rent takes effect from 8th April 2025.REASONS
[1]In accordance with the ‘Practice Direction from the Senior President of Tribunals: Reasons for decisions’, this decision refers only to the main issues and evidence in dispute, and how those issues essential to the Tribunal’s conclusions have been resolved. Inspection and form of determination[2]The property was inspected on 7th October 2025.[3]The Applicant only was present at the inspection.[4]Neither party requested a hearing and the application was determined on the basis of the papers submitted by the parties in advance of the inspection, and the inspection. The Law[5]The Tribunal considered and applied section 14 of the Housing Act 1988 (HA 1988). Background to the application[6]The property (18 Gerard Drive Nantwich Cheshire CW5 5JR) is subject to an assured shorthold tenancy which commenced on 3rd January 2022. The original contractual tenancy was for a fixed term of 6 months. A statutory periodic tenancy arose on 3rd July 2022. It appears to be the case (confirmed by the tenant on the inspection) that the date on which rent is to be paid was varied by agreement of the parties to the 8th of each calendar month.[7]This application arises in consequence of service of a section 13 HA 1988 notice by the Respondent dated 19th February 2025. The notice proposed a new rent of £1325.00 per calendar month, to take effect from 8th April 2025, in place of the (then) current rent of £995.00 per calendar month. Issues[8]The following issues were identified for determination by the Tribunal:a. The market rent for the property which could be achieved if it were in good letting order;b. Whether there were any matters which made it appropriate to reduce the market rent, and, if so;c. The amount of any deductions from the market rent;d. The rent to be applied to the property in the light of any deductions;e. The commencement date for the rent, including potential undue hardship to the tenant. Relevant Evidence and the Tribunal’s Conclusions on the Issues Description[9]The property is 2-storey semi-detached house built in the 1930s occupying a corner plot. The front garden is covered with stone gravel and could accommodate 4 cars. There is a garden the rear and side.[10]The roof is double pitched with a hip and covered with clay tiles. The walls are of rendered cavity brickwork and the windows are uPVC framed with double glazing.[11]The accommodation comprises:a. Ground Floor: hall, cupboard, living room, dining kitchen, side vestibule. The dining kitchen has patio doors leading to the rear garden.b. First Floor: 2 x double bedrooms, 1 x single bedroom, bathroom/w.c. with shower cubicle in addition to the bath.c. The landlord provides carpets/floor coverings, curtains/blinds oven and hob. The tenant provides fridge freezer and washing machined. There are several missing and dislodged roof tiles and the bath cannot be used due to water leakage. The internal doors need re-hanging, the upstairs carpets re-fitting and curtain rails provided to the ground and first floor bay windows. Market Rental Evidence[12]The Tribunal considered the evidence submitted by both parties (landlord representations by letter dated 22nd September 2025, tenant representations by letter date 15th September 2025) and relied on its own knowledge of rental values in Nantwich. Conclusion[13]The Tribunal concluded that the open market rent for the property in good condition would be £1150.00 per calendar month but, after making deductions in relation to the matters detailed above (tenant provided furnishing, landlord neglect, and necessary improvements), concluded the appropriate rent determined in accordance with section 14 Housing Act 1988 is £1050.00 per calendar month.[14]No evidence of “undue hardship to the tenant” within the meaning of section 14(7) Housing Act 1988 was submitted and the rent therefore applies with effect from the beginning of the new period specified in the section 13 Notice, 8th April 2025. .