42 Brooke Road Grays Essex RM17 5BN
Condition: Older end-terrace house with some damp and failed window seals, but substantially improved and maintained by the tenant over a long tenancy, with some works left incomplete.
Evidence considered
- Landlord's expert surveyor report valuing the property at £1,400 pcm fully repaired/modernised and £1,100 pcm in present condition, but giving no credit for tenant's improvements.
- Landlord's four comparable lettings of two-bedroom houses in Grays at £1,500-£1,795 pcm, considered poor comparables (modern/refurbished properties) and given limited weight; tribunal viewed them on Streetview.
- Tribunal's own inspection findings used to assess condition and value of tenant's improvements (porch, utility room, doors, bathroom, velux window, flooring, hardstanding and garage).
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal found the open market rent for the property in good tenantable condition would be £1,400 pcm, based on its inspection and the landlord's evidence, though the comparables provided were not strong. However, it made substantial deductions for the property's actual condition (damp, failed window seals) and for extensive improvements carried out and paid for by the tenant over a long tenancy (porch, utility room, doors, bathroom suite, velux window, loft flooring, hardstanding and garage), which should not inflate the rent payable by the tenant who installed them. This resulted in a determined rent of £650 pcm, close to the tenant's own offer of £600 pcm and well below the landlord's proposed £800 pcm.
Read the original decision (PDF, GOV.UK)
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