2 Carver Cottages, Barford Lane, Downton, Salisbury, Wiltshire, SP5 3PX

HAV/00HY/MNR/2024/0515 · Decided 2024-10-22 · cottage

Condition: Property lacks most white goods, has 'blown' double-glazed window units, and other general disrepair issues.

Evidence considered

• Tribunal considered written submissions and comparable evidence from both parties alongside its own expert knowledge of local rental values
• No property inspection was carried out; assessment based on papers and publicly available information
• Full open market rent (in good condition) assessed at £1,300 pcm, then reduced for lack of white goods (-£20), blown window glazing (-£50), and general disrepair (-£50)

Tenant submitted evidence: yes. Landlord submitted evidence: yes.

Tribunal's reasoning

The tribunal held that a rent review clause in the original fixed-term tenancy did not survive into the statutory periodic tenancy, following London District Properties Management Limited v Goolamy, so it had jurisdiction to determine a market rent. It assessed the full open market rent for the property in good condition at £1,300 pcm using comparable evidence and its own market knowledge, then applied deductions totalling £120 for the absence of white goods, failed double-glazing units, and general disrepair, arriving at £1,180 pcm. The tribunal noted the landlord was a charitable trust not obliged to charge full market rent, but was still required to assess the open market figure.

Read the original decision (PDF, GOV.UK)