Flat 2, 111 Fordwych Road, London, NW2 3NJ
Condition: Ground floor flat with central heating and double glazing, suffering from subsidence damage (tree root related, under insurance claim), with a disputed basement room/bathroom of low ceiling height.
Evidence considered
- Landlord provided two comparable 4-bedroom, 3-bathroom flats in the area (one with no garden, one above a shop on a busy road), used to establish a modernised market rent of around £4,000 pcm before adjustments
- Tenant provided no comparable evidence, only photographs of subsidence damage and a suggested rent range of £1,600-£1,800 pcm
- Tribunal applied its own expert knowledge to adjust the comparable-derived rent downward by 30% (£1,200) for condition/subsidence to reach the final figure
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal relied on the landlord's two comparables (larger 4-bed/3-bath flats) and its own expertise to value the property in good condition at around £4,000 pcm, then deducted 30% (£1,200) to reflect the subsidence damage and disadvantageous basement rooms, arriving at £2,800 pcm. The tenant provided no comparable evidence to support her suggested range. The effective date was deferred from the notice date to the decision date due to undue hardship, as the tenant was on universal credit.
Read the original decision (PDF, GOV.UK)
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