6c Boscombe Spa Road, Boscombe, BH5 1AU
Condition: Unmodernised first-floor flat with maintenance issues including a non-working freezer, unusable oven and faulty kitchen lights, and no separation between sleeping and living areas.
Evidence considered
- Tenant submitted six online portal listings for 1-bed flats in Bournemouth (£840-£900 pcm), but the Tribunal gave them limited weight as they were in locations far from the subject property.
- Landlord submitted no comparable evidence, instead arguing the property had unusually generous layout features (private entrance lobby, fitted wardrobes, extra space).
- Tribunal relied on its own knowledge and expertise of local rental values to set a starting market rent and to estimate a £25 pcm allowance for water/sewerage charges said to be included in the proposed rent.
- Tribunal applied downward adjustments from its starting valuation for poor condition/lack of maintenance (£30 pcm) and lack of separation between living/sleeping areas (£20 pcm).
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
The Tribunal first found the landlord's s13 notice valid because the tenancy was a statutory periodic tenancy, so the 52-week minimum period rule in s13(2)(b)(ii) did not apply. On valuation, it deducted an estimated £25 pcm water/sewerage element (since the landlord failed to evidence this cost) from the proposed £975, giving a rental element of £950, which the Tribunal treated as the market rent for a comparable property in good condition based on its own expertise, as the tenant's comparables were of limited relevance (different locations) and the landlord provided none. It then deducted £30 pcm for the unmodernised condition and lack of maintenance and £20 pcm for the absence of separation between living and sleeping areas, arriving at £900 pcm. The Tribunal also found the modest £5 pcm increase would not cause undue hardship, so the new rent took effect from the date in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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