89 The Square, Loughton, Essex IG10 3FE
Condition: No evidence of disrepair; assumed to be in good order under statutory assumptions.
Evidence considered
- Tenant submitted Rightmove screenshots of asking rents (£1,500-£1,875 pcm) but Tribunal gave them limited weight due to lack of detail on size, condition, bathrooms, parking, outside space, and whether properties actually let at those prices.
- Landlord produced no evidence.
- Tribunal relied on its own specialist knowledge of local rental values, noting comparable flats without outside space on the same development let for around £2,000 pcm.
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
The tribunal retained jurisdiction to determine the rent under section 14 despite the landlord's attempted withdrawal of the increase notice, because the tenant had validly referred the notice before the withdrawal and did not wish to withdraw her application. It gave little weight to the tenant's Rightmove screenshots, which lacked sufficient detail to establish true comparability, and the landlord submitted no evidence. Relying on its own expertise regarding the modern development's rental values, including comparable flats without outside space letting around £2,000 pcm, and taking into account the property's two bathrooms, parking, garden and transport links, the tribunal determined a market rent matching the landlord's originally proposed figure.
Read the original decision (PDF, GOV.UK)
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