A North London landlord’s attempt to raise the rent on a Wembley flat has backfired, after a tribunal ruled that the property’s poor condition warranted a rent reduction instead.

Rent Increase Backfires

Tenant Ghanem Almasarir challenged a rent increase notice served on 26 September 2024 by landlord Mohammed Alibrahim, which proposed to raise the rent from £1,620 to £1,850 per month starting 1 November 2024.

The case went before a First-tier Tribunal (Property Chamber) on 14 March 2025. Following a video hearing and on-site inspection, the tribunal ruled that the flat was in a state of disrepair and set a new market rent of just £1,445 per month — £175 less than what the tenant was already paying.

Key Findings

The tribunal found that the property, though potentially worth £1,700/month if in good condition, was substantially devalued by numerous maintenance issues:

• Black mould in the loft space

• Cracks in walls due to water ingress

• Signs of water damage in the kitchen ceiling

• Loose floorboards in the living area

• Outdated kitchen and limited white goods

• Overall dated condition of the flat

The tribunal deducted £255 from the notional market rent to reflect these issues.

“The condition of the property must be taken into account and reflected in the rent,” the tribunal stated in its ruling, published in June.

Disrepair and Rent Setting

This case illustrates how Section 13 rent increase notices can be successfully challenged by tenants, especially under assured periodic tenancies where no fixed term is in place.

Mr Alibrahim claimed the tenant had not reported the problems and denied access — a claim rejected by Mr Almasarir, who said his concerns had been ignored.

The inspection, which took place on the same day as the hearing, was attended by the tenant and a representative for the landlord. The landlord himself did not attend.

Lessons for Landlords and Agents

1. Disrepair = Rent Risk
   Rental valuations are based on condition. If a property is not well maintained, a tribunal may not only reject an increase, but lower the rent.

2. Documentation Matters
   Claims of unreported issues or denied access must be backed up by evidence — e.g. written correspondence, inspection notices, or maintenance logs.

3. Periodic Tenancy = Tenant Leverage
   Under periodic tenancies, tenants can refer rent increases to the tribunal. Rent levels are then set by reference to the open market rent, adjusted for condition.

4. Attend Your Hearing
   A landlord’s absence can weaken their position. Representation helps, but being present demonstrates engagement and may influence outcomes.

Regulatory Insight

This case falls under the Housing Act 1988 (Section 13 and Schedule 10), which allows tenants to challenge proposed rent increases for assured periodic tenancies. The First-tier Tribunal determines a market rent — but will discount for disrepair, amenities, and comparative lettings.