18 Elizabeth Street, Luton, LU1 5BN
Condition: End terrace house with damp and mould throughout, single panel radiators, inadequate ventilation fans, and a tired, dated kitchen and decoration.
Evidence considered
- Landlord submitted 8 comparable properties (asking rents £1,600-£2,500) but most were not in close proximity and only one was a terrace house of similar style, and no interior condition evidence was provided, so limited weight was given
- Tribunal relied primarily on its own expert knowledge of local rental values to set the market rent at £1,600 pcm for the property in good condition
- A damp survey report (from a specialist damp company) confirming severe condensation, water ingress from gutters, and a bathroom leak was considered in assessing condition
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal used its own knowledge of the local market to assess the property's open market rent in good condition at £1,600 pcm, giving little weight to the landlord's comparables as they were mostly dissimilar properties further from the property and only asking rents without condition evidence. It then applied a 16% deduction (12% for damp and mould found on inspection, 4% for a tired kitchen and dated decoration) to reach £1,345 pcm, rejecting the landlord's claim that the damp was solely caused by the tenant's lifestyle.
Read the original decision (PDF, GOV.UK)
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