12 St James Court Heysham Morecambe LA32BQ: MAN/30UH/MNR/2026/0071 MAN/30UH/MNR/2026/0071
REASONS
[1]On 23 February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £775.00 per calendar month(pcm) in place of the existing rent of £725.00 pcm to take effect from 01 April 2026. This was the second notice served, a previous one having proposed a new rent of £825.00 pcm.[2]On 18 February 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 tenancy commenced on 01 April 2022 for a term of 12 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]Front lawn mowed once per month. Cost included in rent. 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 Tribunal did not inspect the Property.[10]The Property is a ground floor flat forming part of a modern three storey development, offering the following accommodation: Living Room, Kitchen, two bedrooms and bathroom with full suite including shower. Outside: Garden. The Property is situated within the centre of Heysham within close proximity of amenities. Evidence[11]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[12]The Tenant made the following comments: a) The Tenant confirmed that they often undertake repairs themselves due to the time it takes to get repairs done and that the standard of repairs undertaken was shoddy. b) The Tenant queried whether the recent rent cap for social housing should apply given that the Landlord is a Registered Housing Provider. c) The Tenant at his own expense has replaced the patio door handles.[13]In terms of rental evidence, the Tenant commented that rents across the estate vary quite greatly, but did not produce any specific evidence. They did note a newly refurbished 4 bedroom house was available for £950 pcm, only £125 pcm more than the initial suggested rent of £825 pcm. The Landlord[14]The Landlord simply noted that the rent review notice had been resubmitted to the Tenant for a rent of £775 pcm, down from £825 pcm in the original notice. No further evidence was provided. Determination and Valuation[15]Relying on its own expert, general knowledge of rental values in the area the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £775.00 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.[16]No evidence was provided that any adjustments needed to be made to the rent. Market rent £775.00 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 asked the Tribunal to fix a later starting date in this case. He says he will otherwise be caused undue hardship because he self funds his rent from his salary as sole earner and receives no benefits. However, he provides no evidence of level of earnings and other assets.[14]The Landlord did not respond to the Tenant’s application for postponement due to hardship.[15]As a result of our decision the rent will increase by £50 a month. The date specified in the landlord’s notice was 01 April 2026. On the basis that no evidence was supplied by the Tenant, the Tribunal has no reason to delay the effective date. Decision[16]Therefore, the Tribunal determines the market rent at £775.00 per calendar month with effect from 01 April 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.