3 Chudleigh Road, York, YO26 4YL
Condition: Tenant reported mice infestation, cold ground floor, bathroom leak into dining area, worsening structural cracks, flooring defects, and a fallen tree obstructing the garden; landlord disputed most of these issues.
Evidence considered
- Tenant provided four 2-bed terrace comparables ranging £700-£1,200 pcm, given greater weight as more comprehensive
- Landlord provided a valuation report (£1,100 pcm) and four comparables (£1,150-£1,777 pcm), but only one link remained active (£1,430 pcm, marketed as a student house share)
- Tribunal used its own expert knowledge of local rental values alongside the comparables
- Starting market rent of £1,300 pcm (for property in good, modernised condition) reduced by £130 for condition and £25 for the fallen tree limiting garden use
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal preferred the tenant's more detailed comparable evidence over the landlord's, whose comparables were largely inaccessible and the one verifiable one was a student house share. Using its own expert knowledge, it set a baseline market rent of £1,300 pcm for the property in good, modernised condition, then deducted £130 for the property's relatively poor condition compared to comparables and £25 for a fallen tree restricting garden use, reaching £1,145 pcm. The tenant's claim of undue hardship was rejected due to lack of supporting evidence, so the new rent took effect from the date in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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