9 Shop Lane, New Barnetby, Barnetby, North Lincs DN38 6DU: MAN/00FD/MNR/2026/0255 MAN/00FD/MNR/2026/0255
REASONS
[1]On 25 March 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £750.00 per calendar month(pcm) in place of the existing rent of £575.00 pcm to take effect from 24 August 2025.[2]On 30 April 2026 August 2025, 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 01 August 2024 for a term of six 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]None. 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 on the basis of the papers provided by the parties and its own knowledge and specialist expertise. The Property[9]The Property is a semi-detached house, offering the following accommodation: Kitchen, living room, two bedrooms, bathroom with full suite including shower, and cellar. Outside: Garage, garden and potting shed. The Property benefits from air source heat pump central heating and solar panels. The Property is situated in a rural location with few amenities close by. Barnetby village is approximately 1 ½ miles to the south west. Evidence[10]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[11]The Tenant made the following comments: a) That the insulation, heat pump and solar panels were installed as a result of a grant that they had obtained. Various areas of bare plaster are still in existence, as they have not been redecorated following these installation works. b) Following involvement from the council, the cellar is available for them to use, at the council’s discretion, as it helps them to manage their autism. It would have to be sealed off for any future tenant. Similarly, the balcony is off limits and that includes the Tenant. c) Carpets were provided by the Landlord, but these had not been replaced following damage caused by the chimney sweep. d) There are two double glazed units that have blown and are in need of replacement[12]In terms of rental evidence, the Tenant had provided an extract from the Office for National Statistics suggesting that the average rental value for a two bedroom property in North Lincolnshire is £596 pcm.[13]The Tenant did provide some comparables taken from various property portals: a) Lings Farm Cottage, Croxby Top. Two bedroom, semi-detached cottage. Advertised at £650.00 pcm b) Lincoln Road, Brookenby. Two bedroom, semi-detached house. Advertised at £650.00 pcm. c) Little Gunnerby Road, Hatcliffe. Two bedroom house, small. Advertised at £670.00 pcm. d) Oak Grove, Barnetby. Two bedroom, semi-detached house. Advertised at £700.00 pcm. The Landlord[14]The following comparables were provided by the Landlord: a) Laughton Road, Blyton. Two bedroom, semi-detached house. Advertised at £995.00 pcm. b) 7 Antonius Close, Market Rasen. Two bedroom, terraced house. Advertised at £895.00 pcm. c) Lapwing Way, Barton-upon-Humber. Two bedroom, terraced house. Advertised at £825.00 pcm. d) Beech Tree Avenue, Doncaster. Two bedroom, semi-detached house. Advertised at £775.00 pcm. e) South Cliff Road, Kirton Lindsey. Two bedroom cottage. Advertised at £775.00 pcm.[15]Other comparables were provided. However, the above comparables were the most relevant to this decision. Determination and Valuation[16]Whilst all of the comparables listed above were considered to be of use to the Tribunal, The majority are a considerable distance from the Property. Therefore, the weight given to them is much reduced. The exception to this is the Tenant’s comparable at Oak Grove, Barnetby. This comparable is granted more weight due to the proximity of the comparable to this Property. However, it is a more modern house and appears considerably smaller than the Property.[17]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by both parties, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £875.00 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 the comparable properties including having white goods and curtains provided by the landlord.[18]From this level of rent, the Tribunal has made adjustments in relation to the following: a) Grant aided improvements and fittings organised by the Tenant and for which they should not pay: Air source heat pump, insulation and double glazing. The full valuation is shown below: Starting Rent £875.00 pcm Less a) Items given under a) above 20% £175.00 Market rent £700.00 pcm Undue hardship[19]The new rent takes effect from the date specified in the Landlord’s Notice of Increase 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 the date a Tribunal makes its determination.[20]The Tenant has asked the Tribunal to fix a later starting date in this case. The primary concern is the mental health impact this is having on them, although they also refer to the extra financial stress. However, no evidence has been provided to support the claim of financial hardship.[21]The Tribunal finds that there is no undue hardship and the date in the Landlord’s Notice stands Decision[22]Therefore, the Tribunal determines the market rent at £700.00 per calendar month with effect from 01 May 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.