2 Westmeath House, 130 Brook Road, London, NW2 7DF
Condition: The flat suffered extensive damp and mould, an unresolved water leak from the flat above, deteriorated window seals, and fire safety defects including a non-compliant front door and no kitchen door.
Evidence considered
- Tribunal relied on its own expert knowledge of local rental values to set a baseline of £1,600 pcm for the property in good condition.
- Tenant referenced (but did not formally submit) two online listings for similar one-bedroom flats in good order let at £1,150 and £1,340 pcm.
- Tenant submitted an independent damp expert's report confirming localised dampness, active mould, and structural causes, which the tribunal found consistent with its own inspection findings.
- Landlord submitted no comparable rental evidence.
- Approximately 35% deduction applied from the baseline rent to account for disrepair and defects.
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
The tribunal assessed the market rent of the flat if modernised and in good order at £1,600 pcm, based on its own expert knowledge of local rental values (no comparable evidence was submitted by either party beyond the tenant mentioning two online listings). It then deducted approximately 35% (£560) to reflect significant disrepair issues found on inspection - extensive damp and mould, an unresolved water leak into the bathroom/hall cupboard, fire safety defects (no kitchen door, non-compliant front door), and the tenant's own provision of a washing machine - arriving at a determined rent of £1,040 pcm. As this was marginally below the existing rent, the tribunal found no undue hardship and set the new rent to take effect from the date in the landlord's original notice.
Read the original decision (PDF, GOV.UK)
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