5 Sawmill Close, Totnes, Devon, TQ9 5WT
Condition: Purpose-built flat in good marketable condition, no disrepair, modern fittings and services.
Evidence considered
- Landlord's agent provided Rightmove 'Best Price Guide' comparables within a 3-mile radius for two-bedroom houses and flats
- Tribunal gave particular weight to a two-bedroom flat on the same development (Baltic Way) let at £1,200 pcm, similar floor area but with garage and river views
- Tenant's two comparables were for 2-bedroom houses, considered a different property type and given less weight
- Tenant's photographic evidence on condition was considered but did not lead to a downward adjustment
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal determined the market rent based on comparable evidence from both parties and its own professional judgement of local rental values, giving most weight to a similar flat on the same development that had let at £1,200 pcm (albeit with a garage and river view). The tenant's comparables were for houses rather than flats and were given less weight. No adjustment was made for condition despite photographic evidence submitted by the tenant, as the property was found to be in good marketable condition with no disrepair, resulting in the tribunal adopting the landlord's proposed figure of £1,095 pcm.
Read the original decision (PDF, GOV.UK)
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