43 Hilton Avenue, Lytham St Annes, FY8 4AN: MAN/30UF/MNR/2025/0984 MAN/30UF/MNR/2025/0984
REASONS
[1]On 21st July 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1100.00 per calendar month (pcm) in place of the existing rent of £785.00 pcm to take effect from 1st October 2025.[2]On 29th 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 1st October 2020 for a term of 12 months, continuing thereafter as a statutory periodic tenancy. The rental period is monthly, commencing on the 1st of each month. 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]No service charges were identified as part of or separately from the rent. The Tenant stated in his application form that no furniture was provided by the Landlord. Liability for Council Tax[6]The Tenantis 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]No other particular tenancy terms were taken into consideration. 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 Tribunal attempted to carry out an inspection of the Property on 11th March 2026. The parties were notified of the inspection but did not attend. The Property was vacant and advertised “for sale” at the time of the inspection, and the Tribunal members were unable to inspect the interior or the rear of the Property.[10]The Property is a two storey semi-detached house with gardens to the front and rear, offering the following accommodation (from Application Form): Ground Floor: entrance hall, 2 x reception rooms, kitchen First Floor: 3 x bedrooms, bathroom, separate w.c. Hall, open plan kitchen/lounge, one bedroom, and bathroom with full suite including shower. Outside: Garage in a separate block. There is a side driveway albeit not wide enough for a car. There is on-site paved car-parking to the front. The Property is situated in the Ansdell area of Lytham St Annes. The surrounding area is predominantly residential with all amenities close by. Evidence[11]No evidence was submitted by either party. Determination and Valuation[12]The Tribunal used its general knowledge of Market Rents in the vicinity to decide that the Market Rent of the subject property is £900.00 per calendar month.[13]From this level of rent, the Tribunal has made no adjustments in relation to the following: a) The condition of the Property relative to the comparable properties. b) Any issues with the condition of the Property which may reduce its value. c) Improvements and fittings provided by the Tenant and for which they should not pay. The full valuation is shown below: Starting Rent £900.00 pcm Less a) Items given under a) above £0.00 b) Items given under b) above £0.00 c) Items given under c) above £0.00 £0.00 Market rent £900.00 pcm Undue hardship[12]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.[13]The Tenant has not asked the Tribunal to fix a later starting date in this case. Decision[14]Therefore, the Tribunal determines the market rent at £900.00 per calendar month with effect from 1st October 2025. 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.