37 Archer Tower, Berger Road, London, E9 6FG
Condition: A high-rise tower block flat affected by ongoing external cladding/scaffolding remedial works since 2023, a faulty fire alarm system requiring a waking watch, and generally poor condition of communal areas.
Evidence considered
- Landlord's evidence that its rents are generally set 20% below market value for social housing, which the tribunal accepted only absent the identified defects
- Photographs of scaffolding provided by the tenants
- Tribunal's own inspection of the building (interior of one flat, exterior of the other, and common parts/exterior works)
- No bills or cost analysis were provided for the communal heating/hot water system, so this was treated as neutral
- No formal comparable market rent evidence (e.g. of similar lettings) was cited by either side
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
The tribunal had to assess the market rent as at 1 April 2025, disregarding the tenants' personal circumstances (including disputed arrears). It found that fire safety defects (a malfunctioning fire alarm, two fires where the alarm failed to sound, requiring the concierge to manually evacuate all 50 flats) and the prolonged, disruptive external cladding/scaffolding remedial works (ongoing since 2023, six days a week, causing noise, dust, loss of light and restricted balcony access) had a major negative impact on market value. Other complaints (dirty communal areas, occasional lift breakdowns, communal heating) were treated as minor or neutral. As the tenants did not argue the rent should fall below the current passing rent, and the tribunal found the market rent no higher than that figure once the defects were factored in, it set the rent at the existing passing rent rather than the landlord's proposed increase.
Read the original decision (PDF, GOV.UK)
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