Flat 18 Bracken Court, 133 Croydon Road, Caterham, CR3 6FB
Condition: Third-floor one-bedroom flat with double glazing, central heating, balcony and parking, but with a dated kitchen and bathroom showing mould and water damage.
Evidence considered
- Tenant relied on a HomeSwapper mutual exchange listing for a different two-bedroom property, which the tribunal found was not evidence of open market rent.
- Landlord relied on its Rent Standard-based affordable rent policy and the Local Housing Allowance rate for the area, which the tribunal found went to policy/benefit levels rather than open market value.
- No directly comparable open market lettings were submitted by either party; the tribunal relied on members' own knowledge and experience to assess market rent.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal, without inspection or hearing, assessed the open market rent using members' own knowledge and experience since neither party provided directly comparable open market lettings. It valued the flat at £1,200 pcm if in good modernised condition, then deducted £150 pcm for the dated kitchen and bathroom (with mould and water damage) and the tenant providing floor coverings, curtains and white goods, giving an open market rent of £1,050 pcm (£242.31/week). As this exceeded the landlord's proposed rent of £217.96/week, and the landlord did not seek to charge more than its notice, the rent was determined at £217.96/week with effect from the date in the notice; the tribunal also found no undue hardship because the determined rent was below the applicable Local Housing Allowance rate.
Read the original decision (PDF, GOV.UK)
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