32B Windsor Lane, Knaresborough HG5 8DX: MAN/36UD/MNR/2026/0261 MAN/36UD/MNR/2026/0261
REASONS
[1]On 26 April 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,000per calendar month(pcm) in place of the existing rent of £850pcm to take effect from 30 May 2026. On 5 May 2026, under Section 13(4)(a) of the Housing Act 1988, the Tenant appealed the proposed new rent to the Tribunal for determination. The monthly tenancy commenced on an unspecified day in May 2018. Allocation of Repairs and Council Tax between Landlord and Tenant.[2]Responsibility for Repairs is as per section 11 of the Landlord and Tenant Act 1985. The property is Unfurnished. No service charge is payable. Council Tax and all utility bills are included within the rent. Inspection/Hearing[3]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, but without using any secret evidence. The Property[4]The Property is a single storey building comprising Reception room, small modern Kitchen, single Bedroom, and small Bathroom. There is electric slimline wall heaters, double-glazing, a garden and single car parking space. Formerly a triple garage building before conversion, and recently refurbished. The Property is situated in a good residential area in close proximity of amenities. Representations as to Rental Value[5]Tenant Tenant states there are 2 Bedroom houses for “£975 unfurnished” including Barrowbydale Avenue £975, and Charlton Avenue £950, both Rightmove Letting marketing particulars.[6]Landlord No rental comparables provided. Landlord did confirm property recently refurbished, modern appointment throughout, but the Tenant is not looking after the property as evidenced by numerous photographs. Tribunal Determination[7]The Tribunal found the following facts: i There is no requirement for the Landlord to provide a new Tenancy Agreement after an agreed rent increase. ii The property has been refurbished to a good standard.[8]The Tribunal had regard to its own knowledge and experience of market rent levels for similar properties in the area, but without any specific or secret evidence, and the representations from each Party. The Tribunal considers that the Market Rent of the subject Property in reasonable order would be £950pcm. This is the rent the Tribunal would expect the property to let for in the open market if it was in the same general condition as comparable properties and assuming floor coverings, white goods and curtains/blinds are provided by the landlord.[9]From this figure, the Tribunal made adjustments to reflect improvements undertaken by the Tenant as follows: Internal redecoration, garden paving, and replacement Kitchen hob Less £25pcm[10]Very little evidence was before the Tribunal in relation to Section 14 (7) whether undue hardship would be caused to the tenant by the new rent being payable from 30 May 2026, the date specified in the Landlord’s Notice. The Tenant claimed that the proposed new rent would take up most of his wages. No figures of either income or expenditure were provided. The Tribunal did not consider that the Tenant has provided sufficient information to justify undue hardship. Decision[11]In the circumstances the Tribunal determines a Market Rent of £925pcm payable from 30 May 2026. Appeal Provisions[12]If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) but generally only on a 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 stating the grounds upon which it is intended to rely in the appeal.