Flat 2, 44 Lower High St., Wednesbury, WS10 7AQ
Condition: Tenant reported the shower was not working properly and access to the flat was shared with other tenants.
Evidence considered
- Tenant provided four local comparables (£495-£600 pcm) for 1-bed flats/studios, arguing the unit was a studio not a 1-bed flat
- Landlord provided seven comparables (£695-£865 pcm), mostly 1-bed flats with separate bedrooms and living rooms
- Tribunal found landlord's comparables less relevant as they related to units with separate bedrooms/living rooms, which are more valuable than the subject's combined living room/bedroom
- Two studio flats with bills included submitted by landlord were found not comparable
- Tribunal concluded the property was more fairly described as a bedsitting room rather than a one-bedroom flat
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal rejected the landlord's characterisation of the property as a one-bedroom flat, finding it was more accurately a bedsitting room with a combined living room/bedroom. This made most of the landlord's comparable evidence (separate-bedroom 1-bed flats and bills-included studios) less relevant, while the tenant's lower comparables were considered more representative. The tribunal determined a market rent of £600 pcm, below the landlord's proposed £700 but above the tenant's current £500, with the increase effective from the date in the landlord's notice as no undue hardship case was established.
Read the original decision (PDF, GOV.UK)
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