28 Galloway Close Barwell Leicestershire LE9 8HL
Condition: The property had several outstanding repair issues including electrical hazards, black mould, loft insulation deficiencies, and other defects identified by the Environmental Health Officer, some of which had been addressed by the hearing.
Evidence considered
- Landlord submitted three comparable properties; two (a flat and a furnished house share) were rejected as not comparable to an unfurnished house.
- A third comparable - a three-bedroom semi-detached house with conservatory in the same area at £990 pcm - was accepted as closely matching the subject property and given significant weight.
- Tribunal relied on its own expert knowledge of local rental values alongside the accepted comparable.
- Environmental Health Officer report detailing outstanding defects was used to justify a £50 pcm deduction for disrepair.
- Tenant's point that the conservatory was tenant-installed led to an £80 pcm deduction from the assessed market rent.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal upheld validity of the landlord's section 13 notice, finding no documented rent increase within the prior twelve months. Using its own expertise and one comparable property that closely matched the subject house, it assessed the market rent at £1,000 pcm for a modernised property in good condition. It then deducted £80 pcm to reflect that the conservatory had been installed by the tenant (not the landlord) and £50 pcm for outstanding items of disrepair acknowledged by the landlord, reaching a final figure of £870 pcm.
Read the original decision (PDF, GOV.UK)
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