53 Moriconium Quay, Lake Avenue, Poole, Dorset, BH15 4QP
Condition: Second floor purpose-built flat with dated boiler, kitchen and bathroom fittings (approx. 30 years old), cracked external walls and defective windows with misted/failed seals.
Evidence considered
- Tenant cited several nearby 2-bedroom apartments let at £1,450 pcm, considered of some relevance despite being smaller/different sized units
- Tenant cited a fully refurbished 2-bedroom apartment let at £1,750 pcm, used as a benchmark for a modernised comparable
- Tribunal relied on its own expert/general knowledge of local rental values alongside the tenant's comparables
- Starting point of £1,750 pcm (modernised condition) reduced by £175 for dated boiler/kitchen/bathroom fittings and £75 for defective windows
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
The tribunal first assessed a notional market rent of £1,750 pcm for the property if modernised and in good condition, drawing on its own expertise, general knowledge of local rents, and tenant-supplied comparables (nearby 2-bed flats at £1,450 pcm and a refurbished 2-bed at £1,750 pcm). It then deducted £175 for the dated boiler, kitchen and bathroom fittings and £75 for defective windows, arriving at a determined market rent of £1,500 pcm. The tribunal also confirmed the landlord's rent increase notice was valid after the tenant's challenge over the landlord's name was resolved by a Land Registry check, and found no undue hardship justifying a later effective date.
Read the original decision (PDF, GOV.UK)
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