18A Upminster Road South, Rainham, Essex, RM13 9YX
Condition: Flat above commercial units with rear access, tenant-installed kitchen/bathroom improvements and carpet, but poor condition bathroom/kitchen, prior leak damage, broken locks, and no central heating.
Evidence considered
- No comparable rental evidence was submitted by either party.
- Tenant referred to other flats in the same block let by the landlord for under £900 pcm, but no documentary evidence was provided.
- Tribunal relied on its own market knowledge and expertise to set a starting rent, then applied percentage deductions for tenant improvements and property condition issues.
Tenant submitted evidence: no. Landlord submitted evidence: no.
Tribunal's reasoning
The tribunal used its own expertise, as neither party supplied comparable evidence, to assess the market rent of the modernised flat at £1,250 pcm, noting its location above commercial units with rear service-area access reduced its appeal compared to a purpose-built block. It then deducted 10% for tenant-funded improvements (kitchen/bathroom cupboards and worktop, living room carpet), 5% for poor condition of the bathroom and kitchen, and 5% for lack of central heating, resulting in a determined rent of £1,000 pcm. The tenant's claim of undue hardship to delay the start date was rejected due to insufficient supporting evidence, so the new rent took effect from the date in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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