Flat 18, Dutton House, 5 Scoles Crescent, London, SW2 3DT
Condition: The property is let unfurnished with a dated kitchen in disrepair, including mould, damp, a broken worktop and damaged cupboards, and is in overall inferior condition compared to modernised comparable properties.
Evidence considered
- Tenant provided three comparables in SW2/SE27 ranging from £1,850 to £2,000 pcm for three-bedroom properties in good, modernised condition
- Landlord did not submit specific comparable evidence but asserted market rate was around £2,000 pcm or more
- Tribunal also relied on its own general knowledge and expertise of local rental values
- Deduction of £200 pcm applied from the £2,000 pcm 'as modernised' starting point to reflect condition and furnishing/repairing responsibilities
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
The tribunal began from a market rent of £2,000 pcm for the property if modernised and in good condition, based on three comparables in the SW2/SE27 area ranging from £1,850 to £2,000 pcm. It then deducted £200 pcm to reflect the dated condition and disrepair of the kitchen (mould, damp, broken worktop, damaged cupboards, water damage), the tenant's repairing/decorating obligations and the property being let unfurnished, and the overall inferior condition compared to the comparables, arriving at £1,800 pcm. Due to evidence of undue hardship (low income, benefit cap, vulnerable tenant), the tribunal delayed the effective date of the new rent to the date of its determination rather than the date in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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