120 Chadderton Way, Oldham OL1 2EW

MAN/00BP/MNR/2024/0044 · Decided 2024-07-12 · terraced house · 2 bed

Condition: Severe landlord neglect with black mould and damp in every room, rotten kitchen units, defective guttering, and an unusable back yard due to incomplete, hazardous extension works.

Evidence considered

• Landlord submitted three comparable lettings (£895-£1050 pcm) which the tribunal found broadly helpful but on the high side given the property's poor condition compared to refurbished comparables
• Tenant submitted no comparable evidence
• Tribunal relied on its own expertise and publicly available comparables of similar 2-bedroom terraced houses in the area (£900-£925 pcm)
• Deduction for disrepair applied with reference to damages case law (Wallace v Manchester City Council; Dezitter v Hammersmith and Fulham Homes)

Tenant submitted evidence: no. Landlord submitted evidence: yes.

Tribunal's reasoning

The tribunal set a baseline open-market rent of £900 pcm for the property in good condition with modern facilities, based on landlord comparables and the panel's own market knowledge, then deducted £75 for loss of a usable back yard and £45 for additional white goods/furnishings a landlord would normally provide, giving £780. A further substantial deduction of £330 pcm was applied for severe disrepair (damp and black mould throughout every room, rotten kitchen units, defective guttering, incomplete building works creating a hazard), following damages-assessment principles from relevant case law, resulting in a determined rent of £450 pcm - unchanged from the prior passing rent despite the landlord's notice proposing a doubling to £900.