42 Gould Close, Newbury, West Berkshire, RG14 5QN
Condition: Tenant reported structural/thermal issues, mould and damp, heating and energy efficiency concerns, internal fitting cracks, and poor communal area maintenance, with no private garden or garage and no allocated parking.
Evidence considered
- Tenant submitted seven comparable 2-bedroom flats let at £1,000-£1,100 pcm
- Landlord cited agreed rent increases within the same block at £1,200 pcm and new tenancies at £1,250 pcm, given greater weight as evidence from the same development
- Tribunal also relied on its own expert knowledge of local rental values
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal determined the market rent at the figure proposed by the landlord's section 13 notice. It gave greatest weight to rental evidence from within the same block (agreed rent increases at £1,200 pcm and new tenancies at £1,250 pcm), supported by its own knowledge, over the tenant's seven external comparables (£1,000-£1,100 pcm) and the landlord's broader submissions. Tenant concerns about disrepair, condition, lack of parking and affordability were disregarded as irrelevant to the hypothetical market-rent exercise, which assumes a willing landlord and prospective tenant with no personal circumstances or knowledge of prior rents taken into account.
Read the original decision (PDF, GOV.UK)
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