55 BEECH AVENUE, BISHOPTHORPE, YORK, YO23 2RL
Condition: Generally good condition apart from significant black mould and rot damage in the downstairs bathroom, hallway and a bedroom, with no extractor fan or trickle vents in the bathroom.
Evidence considered
- Neither landlord nor tenant submitted any market comparables of properties to let
- Tribunal relied on its own knowledge and experience of local rental values
- Tenant provided council Hazard Awareness Notice evidencing Category 1 (excess cold/boiler) and Category 2 (damp and mould) hazards
- Landlord provided invoices for plumbing/boiler repair works and photos of the property pre-tenancy
- Tenant provided a Universal Credit letter showing a reduction in benefit, used to assess undue hardship as to effective date
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
Neither party produced comparable evidence of rents, so the tribunal relied on its own knowledge and judgement of local rental values to assess an open-market rent of £1,500 pcm for the property in good condition. It then deducted £100 pcm for landlord neglect causing damp, black mould and rotten skirting boards in the bathroom, hallway and a bedroom, and £40 pcm for the cost of necessary improvements (extractor fan and trickle vents), giving a determined rent of £1,360 pcm. Due to evidence that the tenant's Universal Credit was being reduced, the tribunal found undue hardship and ordered the new rent to take effect from the decision date rather than the earlier date in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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