Flat 2, 15 Ambrose Place, Worthing, West Sussex BN11 1PZ
Condition: Studio flat with ceiling and bathroom damage from leaks, rusty/inefficient storage heaters, a warping door, and an EPC rating of E.
Evidence considered
- Landlord cited average rents for HMO rooms (£700pcm) and the cheapest studio flat (£800pcm) in the area, but provided no documentary comparable evidence.
- Tenant provided photographic evidence of disrepair, which the Tribunal found consistent with his submissions and gave weight to.
- Tribunal relied on its own expertise and general knowledge of local rental values to set a baseline market rent of £750 pcm for the property in good condition.
- Public EPC record (rated E) was considered in assessing heating/insulation deductions.
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
The Tribunal used its own expertise and knowledge of the local market to set a baseline rent of £750 pcm for the property if modernised and in good condition, as the landlord had not submitted comparable evidence. It then deducted £25 for aged heating appliances/poor insulation and £75 for the property's state of repair (evidenced by tenant photographs of leak damage and other disrepair), arriving at £650 pcm. The Tribunal rejected the tenant's request to delay the effective date for undue hardship, noting the increase was only £25 above the current rent and no supporting evidence was provided, so the new rent took effect from the date in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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