11 The Bank Flats, Mill Tail, Mill Lane, Totnes, Devon, TQ9 5DE
Condition: Maisonette above a shop with fair internal condition, no central heating, single glazing (EPC F), dated kitchen/bathroom, tenant-provided white goods and curtains, and deteriorating carpets.
Evidence considered
- Landlord cited rent of £875 pcm achieved for adjacent flat at 13 The Banks
- Landlord provided a Rightmove 'Best Price Guide' showing asking rents of £750-£950 pcm for 2-bedroom flats in Totnes, but with no evidence of rents actually achieved
- Tenant referenced a 2014 tribunal decision applying a 17.9% reduction to open market rent for condition issues
- Tenant submitted photographs showing disintegrating carpet underlay, condensation on windows, and some plaster damage
- Tribunal relied substantially on its own expert knowledge of local rental values
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal determined an open market rent of £875 pcm for the property in good tenantable condition, based on its own expert knowledge of local rental values and the comparable evidence submitted. It then applied total deductions of £245 pcm to reflect the tenant's responsibility for internal decoration/repair, dated kitchen and bathroom fittings, provision of white goods, curtains and aged carpets, and the poor EPC rating (single glazing, electric heating), arriving at a final rent of £630 pcm. The landlord's comparable evidence (an adjacent flat and asking-price data) was considered but was of limited weight as it lacked evidence of rents actually achieved.
Read the original decision (PDF, GOV.UK)
Want the evidence, not just the decision?
Around half of the decisions in this database cite a problem with the evidence submitted — comparable tribunal outcomes are usually what decides these cases, for both sides. We're testing a paid evidence pack and a guided walkthrough of the application, built from this database.
Landlord evidence pack — from £15
Nearby tribunal outcomes, a rent level likely to survive a challenge, and an evidence pack in the format the tribunal expects — timed for when you serve a section 13 notice.
Register interest in the landlord packTenant pack — from £19
Whether challenging your rent increase is worth it, plus the comparable decisions to include with your MR1 application to the tribunal.
Register interest in the tenant packNot built yet — register your interest by email and we'll let you know when it's ready. This isn't legal advice; see the law and free advice options.