18 Halesby Court, 2 Laurel Lane, Halesowen, B63 3DG
Condition: A first-floor two-bedroom flat with en-suite in a 2020-built development, fitted with central heating, double glazing, white goods, carpets and curtains, not redecorated or upgraded during the four-year tenancy.
Evidence considered
- Landlord cited three internet-advertised comparable flats with asking rents of £875-£995 pcm
- Landlord stated other tenants in the same development had accepted similar rent increases for one- and two-bedroom units
- Tenant disputed the comparables as reflecting asking (not achieved) rents and being in better condition/different amenities than the subject property
- Tribunal relied on its own general knowledge of market rents in the area rather than an inspection
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The landlord proposed increasing the rent from £695 to £925 pcm, relying on three internet-advertised comparable flats (£875-£995) and asserting other tenants in the same development had accepted similar increases. The tenant argued the comparables were not fairly comparable (better condition/amenities, asking rather than achieved rents) and the property had not been redecorated or upgraded during the tenancy, suggesting a 10-12% increase instead. The Tribunal agreed the existing rent was below market value but assessed market rent independently of the percentage increase, determining £900 pcm. Due to the tenant's hardship concerns, the increase was not backdated, taking effect from the date of determination instead.
Read the original decision (PDF, GOV.UK)
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