2 Courtlands Tighe cottages, Chilling street, Sharpthorne, West Sussex, RH19 4JE
Condition: Traditional semi-detached cottage with poor thermal efficiency (previous EPC rated F), ill-fitting windows/doors, and some disrepair including damp, mould and drainage issues, though tenants had carried out various improvements.
Evidence considered
- Landlord submitted outline details (without full particulars) of five comparable rural three-bedroom cottages in Sharpthorne, West Hoathly, Forest Row, Ashurst Wood and East Grinstead rural fringe, ranging £1,500-£1,900 pcm, which the tribunal found of assistance and attributed weight to.
- Tenant provided no comparable lettings evidence but supplied photographs and a description of the property's condition and improvement works carried out.
- Tribunal relied on its own expert knowledge of local rental values in addition to the landlord's comparables to reach a base market rent figure.
- Landlord's submissions on rising landlord maintenance/compliance costs were dismissed as not a relevant factor under section 14 of the 1988 Act.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal assessed a market rent of £1,775 pcm for the property in good, modernised condition, based on landlord-provided comparable rural three-bedroom cottages and its own expert knowledge. It then deducted £350 pcm in total: £250 for tenant-carried-out improvements (to be disregarded under s.14(2)(b) of the 1988 Act), £50 for poor thermal efficiency evidenced by a prior EPC rating of F, and £50 for items of disrepair including damp, mould, drainage and window/door defects. The tribunal declined to reduce rent for alleged tenant failure to report repairs (s.14(2)(c)) as there was no evidence of when the property was last inspected, and rejected the tenants' undue hardship claim, allowing the new rent to take effect from the date in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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