1 Birch Court, Links Road, Ashstead, Surrey, KT21 2EF
Condition: Ground floor purpose-built flat with garden and white goods provided, but kitchen and bathroom not fully complete and a defective electrical socket.
Evidence considered
- Three local estate agents' letters/valuations suggesting rents between £1,550 and £1,750 pcm, given limited weight as none fully surveyed the property and were marketing opinions rather than verified comparables
- Tenant's reference to a like-for-like, fully finished flat in a neighbouring block letting at £1,500 pcm, given some weight
- Tribunal's own general expert knowledge of local rental values used as the primary basis for the starting market rent
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal relied on its own expert knowledge of local rental values, informed to a limited degree by three estate agent marketing letters (suggesting £1,550-£1,750 pcm) and the tenant's evidence of a comparable property letting at £1,500 pcm. It first set a modernised market rent of £1,550 pcm for the property with white goods but no garage (garage excluded from demise, garden included), then deducted £50 pcm to reflect an incomplete kitchen and bathroom, which the landlord did not dispute, arriving at £1,500 pcm. The tribunal found the landlord's proposed £1,650 pcm would cause undue hardship, but the determined £1,500 pcm (which matched the tenant's own estimate of market rent) would not, so the new rent took effect from the date in the original notice.
Read the original decision (PDF, GOV.UK)
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