Apartment G9, Elland Road, Elland, Halifax, West Yorkshire HX5 9JB
Condition: Furnished ground-floor flat in generally reasonable order, with minor disrepair (scuffs to walls and stains to carpets) noted from photographic evidence.
Evidence considered
- Landlord submitted current rents of 4-5 comparable flats in the same development, ranging from £495 to £550pcm, but the tribunal found this selective.
- Tenant submitted a detailed schedule of past rents for all flats in the development including floor areas, showing the landlord's cited comparables were at least 10-20 sq m larger than the subject flat.
- Tenant submitted photographs showing minor scuffs and marks to the flat and common areas, leading to a £20 condition allowance.
- Tribunal relied on its own knowledge and experience of market rent levels for similar properties in the area.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal assessed the market rent for a comparable property in reasonable condition at £490pcm, using its own expertise and the parties' submissions, having found the landlord's comparables selective and not properly accounting for floor area differences highlighted by the tenant. A £20 deduction was applied for minor disrepair (scuffs and carpet stains) evidenced by photographs, giving a determined rent of £470pcm. The tenant's claim of financial hardship as a teacher was rejected as the cost of living in the area was not found to be above average.
Read the original decision (PDF, GOV.UK)
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