David Weigh & Jennifer WeighApplicantAnglo International Upholland LimitedRespondentDavid Weigh & Jennifer WeighTenantAnglo International Upholland LimitedLandlord
Before
Judge V Lloyd
Members
Mr David Hunt MRICSDate 23 July 2026Property: 2 Knowles Farm Close, Skelmersdale, WN8 0PJType of application: sections 13 & 14 of the Housing Act 1988
REASONS
[3]On 28 April 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,100 per calendar month (pcm) in place of the existing rent of £900 pcm to take effect from 2 June 2026. On 18 May 2026, under Section 13(4)(a) of the Housing Act 1988, the Tenants referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent. The assured tenancy commenced on 2 June 2021. 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]There are no service charges and the property is unfurnished. The Landlord provides the services of a gardener and does not charge for this. Liability for Council Tax[6]The Tenants are responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax. Inspection/Hearing[7]Neither party requested an inspection or 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[8]The Property is made of traditional brick and tile construction and is terraced, offering the following accommodation: 2 Three bedrooms, 1 bathroom, 1 shower room and W/C, kitchen and lounge. Outside: Two parking spaces, a backyard, a garden. The Property benefits from gas central heating, double-glazed windows, carpet and lino. The Property is situated in Knowles Farm Close, a quiet residential cul-de-sac developed within the former Knowles Farm. The former farm is on the periphery of the village of Roby Mill, 2 miles east of Skelmersdale and 2 miles west of Wigan. Evidence[9]Both the Tenants and the Landlord returned the Tribunal’s Reply forms. The Tenants[10]The Tenants made the following comments: a) b)[11]They have lived at the Property for five years and no increase has been applied. An increase of 22.2% in rent is high. They suggested an increase of £100 pcm to the Landlord, but this was refused. They have reported “a number” of maintenance jobs and only one has been carried out. In terms of rental evidence, the Tenants provided numerous comparable properties ranging from £795 to £995 pcm for 3-bedroom properties in the area. The Landlord[12]The Landlord states that they have reviewed properties within a ¼ mile of the Property with a similar condition and style. The Tenants have not received any rent increase since 2 June 2021.[13]The Landlord provided numerous property searches in the area. Of their search results, the search for properties within 1 mile of the Property between 23 January 2026 and 23 April 2026 was more comparable to the subject Property. Three-bedroom houses of semi-detached, terraced, end of terrace or town house style had rental lettings of between £750 and £1,000 pcm. The Tenant’s Reply 3[14]The Tenants reviewed all 17 properties exhibited by the Landlord and stated that they did not consider that “any of the houses are similar to ours, especially detached houses.” Determination and Valuation[15]The Tenants provided comparable evidence ranging from £795 to £995 pcm, whilst the Landlord's comparables for similar properties ranged from £750 to £1,000 pcm. The Tenants raised concerns regarding maintenance issues, but no evidence was provided enabling the Tribunal to quantify any impact on rental value and therefore no adjustment has been made.[16]Relying on its own expertise, general knowledge of rental values in the area, and the comparables provided by the Landlord, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £1,000 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 carpeting provided by the landlord. 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 alleged in their Application that an increase would cause hardship but has not provided any documentary evidence in support of their claim.[14]As a result of our decision the rent will increase by £100pcm. The date specified in the Landlord’s notice was 2 June 2026. The Tribunal accepts that an increase in rent may create financial pressure for the Tenants. However, it has not been provided with information regarding income, expenditure, benefits, liabilities or other financial circumstances. In the absence of evidence enabling the Tribunal to assess the extent of any hardship, it is not satisfied that implementation of the new rent from 2 June 2026 would cause undue hardship. Case law states that a mere assertion of undue hardship would not be sufficient (Anderson v Kokins & Kokina [2024] UKUT 0091 (LC)). The Tribunal accordingly sets the starting date for the new rent as 2 June 2026. Decision[15]Therefore, the Tribunal determines the market rent at £1,000 per calendar month with effect from 2 June 2026. 4 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. 5