49 Edithna Street, London, SW9 9JR
Condition: The house is in a state of substantial disrepair, with no central heating, single glazing, damp, mould and significant water ingress to the roof and walls.
Evidence considered
- Landlord's agent submitted comparables of two and three bedroom flats nearby ranging from £1,925 to £2,950 pcm (£444-£675 pw), suggesting a market rent up to about £2,537.50 pcm and arguing for only a 30% deduction.
- Tribunal gave limited weight to landlord's comparables as they were flats in better condition, not directly comparable to this substandard terraced house.
- Tenant submitted no comparable evidence, instead relying on description of the property's disrepair.
- Tribunal relied heavily on its own prior determination for the same property eight months earlier, which had found a market rent of £630 pw (reduced by 70%), uplifted by 5% for inflation in local rental values.
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal started from a notional open-market rent of £660 pw (per week figures converted: £660 pw ≈ £2,860 pcm), derived from the prior tribunal's £630 pw figure increased by 5% for inflation, rather than accepting the landlord's higher comparables which were for better-condition flats. It then applied a 70% deduction, consistent with the prior tribunal's assessment, reflecting lack of central heating, double glazing and white goods, a tenant-installed kitchen, and extensive disrepair including damp, mould and wood rot. This produced a determined market rent of £198 per week (£858 pcm), with no adjustment for undue hardship to the tenant.
Read the original decision (PDF, GOV.UK)
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