21 The Brambles, Salisbury SP1 3EY
Condition: The flat's interior was tired, with peeling wallpaper and other wear, disputed between the parties as to responsibility for lack of maintenance versus tenant-caused damage.
Evidence considered
- Landlord provided comparables of two-bedroom properties advertised at £1,050-£1,100 pcm
- Landlord provided comparables of one-bedroom properties advertised at £875-£925 pcm
- Tenant provided photographs of the property's interior condition
- Tribunal relied on its own knowledge and expertise of local rental values
- One comparable (Eyres Way) considered closest but noted differences - allocated parking and different area
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal assessed the market rent of the flat in good condition at £1,000 pcm based on its own expertise and the landlord's comparables, then deducted £100 for the tired interior condition (peeling wallpaper etc.), reaching an open-market rent of £900. As this exceeded the landlord's proposed rent of £875, by statute the determined rent was capped at the lower proposed figure of £875. The tenant's claim of undue hardship (redundancy) was considered but rejected for lack of supporting financial evidence, so the new rent took effect from the next rental period rather than being delayed.
Read the original decision (PDF, GOV.UK)
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