40 Archer Tower, Berger Road, London E9 6FG
Evidence considered
- Landlord's evidence that its rents are set at 20% below market value - accepted as a general proposition but outweighed by other factors
- Photographic evidence of scaffolding in place as at 1 April 2025
- Tribunal inspection of the building and flat interior, noting ongoing cladding works and fire alarm system faults
- Tenant evidence of disruption from scaffolding/cladding works (noise, dust, loss of light, limited balcony access) since 2023
- Evidence of two fires in the building where the fire alarm failed to operate, requiring manual evacuation
- Evidence of lift breakdowns, considered minor as lifts were fixed reasonably quickly and never both out simultaneously
- No detailed billing evidence on the communal heating system, treated as a neutral factor
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The Tribunal determined the market rent as at 1 April 2025 for a flat in a tower block affected by prolonged fire-safety remedial works (scaffolding and cladding works ongoing since 2023, expected to continue until mid-2025) and serious fire safety concerns (fire alarm system faults, two fires with no alarm sounding, requiring manual evacuation by a concierge of all flats). The landlord's evidence that its rents were normally set 20% below market value was accepted as generally correct, but the Tribunal found the scaffolding, works disruption and fire safety issues had a major negative impact, outweighing that normal discount. As the tenant did not argue for a rent below the current passing rent, and the Tribunal found the market rent was no higher than that figure, it determined the rent at the existing pre-increase level, rejecting the landlord's proposed increase. Tenant rent arrears were held irrelevant as a personal circumstance to be disregarded under s.14(1).
Read the original decision (PDF, GOV.UK)
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