159 Summerfield Road Solihull B92 8PT
Condition: Traditional semi-detached house in fair but not modern condition, with tenant-provided kitchen, bathroom, white goods, carpets and curtains, and recently renewed facias, gutters and soffits.
Evidence considered
- Landlord submitted five comparable lettings of semi-detached three-bedroom houses in the local area, achieving rents of £1,300-£1,500 pcm in average to very good condition
- Tribunal accepted the comparables supported a market rental value of £1,400 pcm for the property in good order
- Tribunal rejected the landlord's £100 pcm deduction for 'better condition of comparables' as too low, applying a £200 pcm adjustment instead given limited works done since the last rent increase
- Deductions applied for tenant's white goods, carpets/curtains, tenant-installed kitchen and bathroom, and tenant's decorating liability (5% of market rent)
- Tenant did not submit comparable evidence but argued the proposed increase (~40%) was unjustified given the property's condition relative to the landlord's comparables
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal accepted the landlord's comparable evidence as establishing a market rental value of £1,400 pcm for the property if in good order, but found the landlord's condition deduction too low given that little had been spent on the property besides recent fascia/guttering/soffit work, adjusting the starting point down to £1,200 pcm. From there it deducted amounts for tenant-owned white goods, carpets/curtains, tenant-installed kitchen and bathroom, and a 5% decorating allowance, arriving at a determined rent of £1,000 pcm. Scarcity was held irrelevant as the tenancy falls under the Housing Act 1988 rather than the Rent Act 1977.
Read the original decision (PDF, GOV.UK)
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