475 Fairfax Drive, Westcliff-on-Sea, Essex, SS0 9RQ
Condition: The property was in poor repair, with cracked walls, rotting window frames, broken fencing, a leaking conservatory, damp/mould, and worn carpets.
Evidence considered
- Tenant comparables: several nearby 3-bedroom houses (Westbourne Grove, Tintern Avenue, Wenham Drive, Northview Drive, Beedell Avenue) marketed between £1,495 and £1,795 pcm, given significant weight as geographically proximate and similar in size.
- Landlord comparable: a Fairfax Drive terraced house marketed at £2,000 pcm, accepted as relevant despite late submission.
- Other landlord comparables (one-bedroom flats, properties with insufficient detail, and inaccessible links) were disregarded as not comparable.
- 68 tenant-submitted photographs documenting disrepair were used to justify a 15% downward adjustment from the baseline market rent.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal assessed a market rent of £1,700 pcm for the property if modernised and in good condition, based on comparable evidence ranging from £1,495 to £2,000 pcm for similar local properties. However, it applied a 15% reduction to reflect the property's poor state of repair (disrepair including cracked walls, rotting woodwork, broken fencing, leaking conservatory, damp/mould and worn carpets, evidenced by 68 photographs), arriving at a final figure of £1,445 pcm. The landlord's evidence was accepted despite late service as there was no identified sanction and a reasonable explanation was given.
Read the original decision (PDF, GOV.UK)
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