22 Church St., Tipton, West Midlands, DY4 7SR
Condition: The ground floor maisonette has a damp problem with mould affecting walls, ceilings and the tenant's belongings, attributed to both inadequate mechanical ventilation and tenant lifestyle factors.
Evidence considered
- Landlord submitted five comparable lettings advertised at £820-£895 pcm for 2-bedroom flats/maisonettes in the local area, used to establish a baseline market rent of £800 pcm for the property in good condition
- Tenant submitted photographs of black mould and an independent chartered surveyor's report identifying lack of mechanical ventilation and condensation as causes of damp, which the tribunal used to justify a £50 pcm deduction from the baseline market rent
- Tribunal also relied on its own general market knowledge and expertise in valuing the property
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal assessed the market rent for the property in good order at £800 pcm based on landlord's comparable evidence and its own market knowledge, but deducted £50 pcm to reflect damp affecting the property at the valuation date (mechanical ventilation recommended by a surveyor had not yet been installed), arriving at a determined rent of £750 pcm. The tenant's claim of undue hardship was rejected due to lack of written evidence, so the new rent took effect from the date specified in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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