73 Wolsey Croft, Sherburn in Elmet, Leeds, LS25 6DR
Condition: Property had defective window seals, rainwater goods, and flat roof felting/fascia causing significant mould and damp growth, with poor decor and restricted-headroom third bedroom.
Evidence considered
- Tenant's unsupported oral assertion that a comparable mirror-image property nearby, newly decorated and certified, let for £750 pcm (no documentary evidence provided)
- Landlord's estate agent (Emsleys) evidence showing a range of rental values between £800 and £1050 pcm for comparable properties
- Tribunal's own knowledge of local comparables: 3-bed bungalows in the area ranging from £850 to £1200 pcm
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal found the landlord's notice valid and assessed open-market rent for an equivalent, well-maintained comparable property at a headline figure of £900 pcm. It then deducted £100 to reflect landlord neglect (defective window seals causing damp/mould, defective rainwater goods) and to account for tenant-installed improvements (a shower), arriving at a final determined rent of £800 pcm. The tenant's claim the property should be valued as a 2-bedroom was rejected, as the third bedroom/box room was considered usable once properly modernised.
Read the original decision (PDF, GOV.UK)
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