27 Thirlstone Road, Luton LU4 8QT
Condition: Property had disrepair issues including a bathroom leak causing water damage, a cracked patio door with non-safety glass creating a fall hazard, and damp/ventilation concerns in a north-facing bedroom.
Evidence considered
- Tenant submitted comparable properties considered at paragraphs 13-14 of the original decision
- Landlord submitted comparable properties considered at paragraphs 16-18 of the original decision
- Tribunal's own analysis and reasons for determination set out at paragraphs 39-41 of the original decision
- Property condition noted via inspection: bathroom leak/water damage, cracked patio door glass (non-safety glass, Category 1 HHSRS hazard), dated upvc windows without trickle vents but with ceiling air vents, north-facing bedroom prone to condensation
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
This is an appeal/review decision, not the original rent determination. The Tribunal refused to review its earlier decision and refused permission to appeal, finding the landlord raised no new legal arguments or evidence. In the original decision the Tribunal had determined the rent at the existing level of £1,350 pcm, rejecting the landlord's proposed £1,650 pcm, taking into account disrepair issues (bathroom leak, cracked and unsafe patio door glazing categorised as Category 1 HHSRS hazards, damp/ventilation issues) and disregarding tenant-caused wear and tear. The landlord's grounds (furnishing level, future repair plans, tenant damage, lack of communication, and comparable evidence) were all held to have been already considered or not relevant to rent assessment.
Read the original decision (PDF, GOV.UK)
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