2 Carter Close, Manchester M34 6AH
Condition: First floor flat in a modern development, with gas central heating and a garden, with a boiler that had been replaced during proceedings.
Evidence considered
- Tenant provided advertised rents for comparable two-bedroom, one-bathroom flats ranging from £850 to £900 pcm, given more weight as more comparable
- Tenant also cited terraced houses to show they were not true comparators to the subject flat
- Landlord provided a Rightmove-based agent price guide showing comparable properties advertised from £950 to £995 pcm, but these were considered higher-specification and given less weight
- All evidence was advertised (asking) rents rather than achieved rents, reducing overall evidential weight
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal found the landlord's rent review clause no longer binding as the tenancy had become statutory periodic, so it could determine rent under section 13. Both parties' advertised-rent evidence was given reduced weight as it was not achieved rents, but the tenant's comparables (similar two-bed, one-bathroom flats) were judged more relevant than the landlord's higher-specification flat comparables. Relying on its own expertise and a market range of £850-£950 pcm derived largely from the tenant's evidence, the tribunal placed the property in the middle of that bracket at £900 pcm. The small £5 increase meant no undue hardship was found, 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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