29 Babbacombe Close, Leigham, Plymouth, Devon PL6 8PA
Condition: Property had shrinkage cracks, some wipeable mould, and unfinished repair works, though landlord stated it had been fully refurbished prior to the tenancy.
Evidence considered
- Landlord provided two let-agreed comparables at £1,250 pcm each (3-bed mid-terrace and 3-bed semi), which the tribunal found relevant and used as a starting point.
- Tenants provided photographs of alleged disrepair but no comparable rental evidence and no market rent evidence beyond asserting £950 pcm.
- Tribunal applied its own expertise and knowledge of local rental values alongside the landlord's comparables.
- A £50 pcm deduction was made from the comparable-based starting rent to reflect condition issues (cracks, damp/mould) shown in photos and an inspection report.
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal found the landlord's comparables (two let-agreed 3-bed houses at £1,250 pcm) relevant and used its own expertise to set a starting market rent of £1,200 pcm for the property in good, modernised condition. It then deducted £50 for disrepair issues (shrinkage cracks and damp/mould evident in photos and inspection report), arriving at a market rent of £1,150 pcm. A claimed contractual £25/year cap on increases was rejected as it did not appear in the current tenancy agreement, and no undue hardship adjustment was made due to lack of financial evidence.
Read the original decision (PDF, GOV.UK)
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