442 Fairfax Drive Westcliff on Sea SS0 9RN
Condition: Converted maisonette in poor condition, with damp, black mould, disrepair to kitchen/bathroom, broken windows and fittings, and no white goods provided.
Evidence considered
- Tribunal's own inspection of the property noting disrepair, damp and mould
- Tenant cited an environmental health officer report listing Category 1 (excess cold) and Category 2 (damp/mould, fire) hazards, with an improvement notice pending
- Tenant submitted no comparable evidence, stating no similarly poor-condition flats were on the market
- Landlord referred to four Rightmove comparables but provided no details or rent figures, and the tribunal could not locate them online, so they were given no weight
- Tribunal relied on its own expert knowledge of local rental values to set a hypothetical 'good condition' rent of £1000 pcm, then deducted £300 for the property's poor condition
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal inspected the property and found it in poor condition, with damp, mould, disrepair and dated fittings, consistent with hazards identified in an environmental health report. The landlord's comparable evidence (four unreferenced Rightmove listings with no rent figures) was given no weight, and the tenant submitted none. Using its own expert knowledge, the tribunal assessed the property's market rent if modernised and in good condition at £1000 pcm, then deducted £300 to reflect its actual poor condition and lack of white goods, arriving at £700 pcm, which is below the current rent so no hardship issue arose.
Read the original decision (PDF, GOV.UK)
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