38 Cinque Foil, Peacehaven, East Sussex, BN10 8DZ
Condition: Generally fair decorative order with some exterior disrepair (mortar, sealants, guttering) and a recurring history of mould/damp despite remedial works.
Evidence considered
- Landlord provided two comparable lettings: a 2-bed apartment on South Coast Road, Telscombe Cliffs at £1,300 pcm, and a 2-bed top-floor unfurnished apartment on Lake Drive, Peacehaven at £1,250 pcm - given some weight despite limited detail.
- Tenants submitted no comparable rental evidence, only photographs of disrepair/mould.
- Tribunal relied on its own expert knowledge of local rental values alongside the landlord's comparables to set a notional 'good condition' starting rent of £1,300 pcm.
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The Tribunal assessed a notional market rent of £1,300 pcm for the property if modernised and in good condition, based on its own expertise and two limited comparables provided by the landlord. It then deducted for the tenant's provision of a carpet (£10), general disrepair and dated condition (£25), the tenants' obligation to do minor jobs and decorations (£25), and an ongoing mould/damp problem affecting amenity despite the tenants' mitigation obligations (£40), totalling £100 pcm in deductions. This produced a determined market rent equal to the existing rent of £1,200 pcm, meaning no increase took effect despite the landlord's proposed £1,250 pcm.
Read the original decision (PDF, GOV.UK)
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