123 Trafalgar Street, Ashton-under-Lyne OL7 0HN
Condition: Unfurnished two-bedroom terraced house with damp and mould issues, roof and wall defects, loose skirting boards, and an unstable garden wall reported by the tenant, though the tribunal found no significant continuing defects affecting market rent.
Evidence considered
- Landlord submitted asking rents for multiple 2-bedroom terraced houses in the OL7 area ranging from £850 to £1100 pcm, with varying features (gardens, parking, utility rooms) and days on market
- Tribunal excluded landlord's comparables located in Dukinfield due to sufficient nearby comparables
- Tribunal observed an asking rent of £850 for a nearby property (152 Trafalgar Street) on the same street during inspection, indicating a static local rental market
- Tenant argued landlord's comparables were for well-presented or renovated properties, suggesting a fair rent of £850 pcm
- Tribunal also relied on its own expert panel member's general knowledge of rental values and inspection observations
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal determined the market rent at £850 pcm, the same as the existing rent, rejecting the landlord's proposed increase to £900 pcm. It relied on its own expert knowledge, inspection observations, and comparable evidence from both parties, including an asking rent for a nearby property on the same street. While the tenant raised numerous disrepair issues (damp, mould, unstable garden wall, roof defects), the tribunal found no continuing defects significant enough to the market rent level to warrant a downward adjustment, and valued the property as if in tenantable repair comparable to the market evidence.
Read the original decision (PDF, GOV.UK)
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