First Floor Flat (4c), Cricketfield Rd, London, E5 8NS
Condition: The flat has poorly fitting, draughty sash windows (one painted shut) and no room thermostat, though it was substantially redecorated before the tenancy began.
Evidence considered
- Landlord supplied a list of comparable rents (£2195-£2990 pcm) and a 'Best Price Guide' for properties within three miles (£2350-£2750 pcm), but no supporting evidence of the comparables or achieved rents, so little weight was given
- Tenant did not provide comparable rent evidence but supplied photographs of window condition, which supported a rent deduction
- Tribunal relied on its own expertise and general knowledge of local rental values
- EPC provided by landlord showed no room thermostat, supporting a deduction
- Landlord provided a repair record for the property
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal rejected the landlord's comparables as unevidenced and relied on its own knowledge, setting a starting market rent of £1700 pcm for the property in good modernised condition. It then deducted £50 for the lack of a room thermostat and the poor condition of the windows, arriving at £1650 pcm. The tribunal also found that allowing the increase to take effect on the notice date would not cause undue hardship despite the tenant's reduced income.
Read the original decision (PDF, GOV.UK)
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