Flat 35, Asperand House, St Aldhelms Road, Poole, Dorset, BH12 1AE
Condition: Well-presented, modernised flat with full white goods, but with some minor wants of repair and black mould around a bedroom window.
Evidence considered
- Tenants provided no comparable rental evidence, instead relying on a Section 106 planning agreement argument for an affordable housing discount, which the Tribunal rejected as outside its market-rent jurisdiction.
- Landlord asserted it had let eight similar two-bedroom flats at £1,300 pcm since April 2024 but provided no supporting evidence, so the Tribunal gave this little weight.
- In the absence of reliable comparable evidence, the Tribunal relied on its own expert knowledge of local rental values, arriving at a starting market rent of £1,300 pcm before a £50 deduction for minor disrepair.
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
With no credible comparable evidence from either side, the Tribunal relied on its own expertise to set an open market rent of £1,300 pcm for the modernised two-bedroom flat, reflecting its location and nearby noise disturbance. It then deducted £50 pcm to reflect minor outstanding disrepair observed at inspection, giving a determined rent of £1,250 pcm. The Tribunal rejected the tenants' argument that a Section 106 planning obligation required a below-market "affordable housing" rent, finding its jurisdiction under s.14 Housing Act 1988 was limited to market rent only, and also exercised discretion to delay the rent's effective date to avoid backdating hardship.
Read the original decision (PDF, GOV.UK)
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