23 Ivy Road, Luton, LU1 1DL
Condition: The property was found to be in poor repair, requiring full redecoration, repair and upgrading to meet market and regulatory standards.
Evidence considered
- Tenant submitted a statement and photographic schedule documenting disrepair, which the tribunal corroborated at inspection
- Landlord asserted works had been carried out and cited local market conditions but provided no comparable rental evidence
- Tribunal relied on its own expert knowledge of the local market rather than third-party comparables
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
The tribunal relied on its own expert knowledge of the local market rather than formal comparable evidence from either party. It found the property to be in poor repair (landlord subject to a prior rent repayment order for failing to comply with an improvement notice), requiring full redecoration and upgrading, and determined that this reduced the achievable market rent below even the current passing rent. Historic rents and the fact the proposed rent increase was unopposed previously were disregarded as the assessment must reflect current market conditions on the assumption of a willing landlord and hypothetical tenant taking the property as seen.
Read the original decision (PDF, GOV.UK)
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