6 Betts Apartments, 3 Wallis Walk, London, E16 2XX
Condition: No evidence of disrepair or tenant improvements; assumed modernised and in good order in line with similar local lettings.
Evidence considered
- No comparable evidence was provided by either the landlord or the tenant.
- Tribunal relied on its own general expert knowledge of rental values in the area, noting most local lettings include double glazing, central heating, flooring and white goods.
Tenant submitted evidence: no. Landlord submitted evidence: no.
Tribunal's reasoning
The tenant challenged jurisdiction, arguing the tenancy's statutory periodic terms included a CPI-based rent review clause that excluded section 13 notices. The Tribunal found that under s.5(3)(e) Housing Act 1988, any term allowing the landlord to determine rent does not carry over into the statutory periodic tenancy, so the s.13 notice was valid and it had jurisdiction. With no comparable evidence submitted by either party, the Tribunal relied on its own expert knowledge of local rental values, valuing the flat as if modernised and in good order in line with the general standard of lettings in the area (double glazing, central heating, flooring and white goods), and determined the market rent at the landlord's proposed figure with no adjustments. The tenant's request for a later effective date on hardship grounds was refused due to lack of evidence of financial hardship.
Read the original decision (PDF, GOV.UK)
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