Flat 24 St Edmunds Court, 13-18 St Edmunds Terrace, London NW8 7QL
Condition: The property had ongoing issues including damp and mould (a Category 1 HHSRS hazard found by the local authority), a non-functioning intercom, and furniture/fittings only in fair condition with further wear and tear since letting.
Evidence considered
- Tenant provided a range of comparables (rents £2548-£2999) from various sources, but Tribunal found them not of equivalent amenity (e.g. lacking balconies, quieter location, higher floor)
- Landlord (Foxtons) provided two specific comparators at £2925 and £3033 pcm, considered in reaching the starting valuation
- Landlord's rental checker report showing average NW8/Westminster two-bed flat rents and £/m2 rates, but Tribunal adjusted for the fact the subject property (60m2) was smaller than the report's assumed 79m2
- Tenant's 'Best Price Guide' comparables within three miles, rents £2350-£2750
- Tribunal ultimately relied on its own expertise and general knowledge of local rental values rather than adopting either party's comparables directly
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal started from an open-market rent of about £2975 pcm for the flat in good condition, based on its own knowledge and expertise of the NW8/St John's Wood area, having found the parties' respective comparables not sufficiently comparable in amenity or size/location. It then made deductions totalling £275 pcm for disrepair and management issues: damp/mould (subject to a Category 1 HHSRS hazard finding), intercom/lift outages, and the general condition of the property and furniture, arriving at a determined rent of £2700 pcm — unchanged from the existing rent, meaning the proposed increase did not take effect and the tenant's undue hardship argument became moot.
Read the original decision (PDF, GOV.UK)
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