7 Somery Road, Birmingham, B29 5RY
Condition: Disputed disrepair including a sinking/uneven kitchen floor, settlement cracking in the ceiling, a bowed kitchen ceiling, and a patio door with only a temporary lock.
Evidence considered
- Tenants provided an online rent-estimate search range (£821-£1,182 pcm, estimate £1,002 pcm) and proposed £850 pcm as market rent
- Landlord provided multiple comparable three-bedroom lettings in the same B29 postcode (£1,190-£1,300 pcm) and in nearby postcodes (£1,050-£1,250 pcm), none with garages
- Tribunal gave greater weight to the landlord's specific comparables, treating a semi-detached property at Charnwood Close as the best match
- Photographic evidence from both parties considered on property condition, with tenants' closer and more recent photographs preferred over landlord's older, less detailed photos
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal preferred the landlord's local comparables (three-bedroom houses without garages in similar postcodes), finding Charnwood Close the closest match, and assessed the Property's market rent at £1,150 pcm if modernised and in good order. It then deducted £150 pcm to reflect disputed disrepair (sinking/uneven kitchen floor, settlement cracking, non-locking patio door), arriving at £1,000 pcm, which was close to the tenants' own online valuation estimate of £1,002 pcm. A claimed garage was disregarded as it was not referenced in the current tenancy agreement. The tribunal also rejected the tenants' undue hardship argument, finding household income exceeded outgoings even after the increase, 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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