98 PORTSEA HALL, PORTSEA PLACE, LONDON, W2 2BZ
Condition: Studio flat in poor decorative order with dated, unmodernised bathroom and kitchen, single glazing and cracked plaster, attributed mainly to lack of landlord maintenance rather than tenant conduct.
Evidence considered
- Landlord's letting agent market appraisal (Foxtons) valuing the property at £2,058 pcm was rejected as it was done without inspection and ignored the property's poor condition.
- Landlord's comparables of modernised one-bedroom flats (£2,500-£2,950 pcm) were discounted as not comparable to a studio flat.
- A one-bedroom modernised flat in the same block (advertised at £2,708 pcm) was used as a benchmark for a modernised studio equivalent, informing a notional 'as modernised' rent of £1,950 pcm.
- Tenant's own comparable evidence of studio flats in the area advertised at £1,400-£1,600 pcm was noted but not directly adopted.
- Tribunal applied percentage deductions from the notional modernised rent for dated bathroom (10%), dated/basic kitchen (20%), and poor windows/decoration/unfurnished condition (5%).
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal rejected the landlord's comparables of one-bedroom flats and an uninspected agent appraisal as unrepresentative of the subject studio flat's actual poor condition, finding the dated bathroom, kitchen, windows and decorative state were largely attributable to lack of landlord maintenance rather than tenant misuse. Using its own expertise and a modernised one-bedroom comparable in the same block, it set a notional modernised market rent of £1,950 pcm, then applied deductions of 10% for a dated bathroom, 20% for a dated/basic kitchen, and 5% for poor windows/decoration/unfurnished condition, giving £1,267.50 pcm. The effective date was deferred to 1 July 2026 (rather than the notice date) due to the tenant's undue hardship, including age, reliance on housing benefit, and a serious medical condition.
Read the original decision (PDF, GOV.UK)
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