Flat 4, 151 Armada Way, Plymouth, Devon, PL1 1HZ
Condition: Student flat with partial central heating, dirty carpets, no curtains, old windows, mould/damp issues, and dated bathroom/kitchen fittings.
Evidence considered
- Tenant provided an application form, rent appeal statement and photographs documenting disrepair (dirty carpets, no curtains, old windows, mould, lack of heating in two rooms, faulty communal entry system)
- Landlord's agent submitted comparable evidence, but was barred from relying on its full statement after missing the tribunal's evidence deadline
- Tribunal relied on its own expert knowledge of local rental values plus the landlord's comparables to set a baseline market rent for a modernised equivalent property, then applied itemised deductions for condition defects
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal assessed a baseline market rent of £1,150 pcm for the property if modernised and in good condition, based on its own expertise and the landlord's comparable evidence. It then deducted a total of £250 pcm to reflect specific defects: incomplete heating and old windows (£75), lack of curtains (£20), anti-social issues from a poorly maintained entry system (£75), dirty carpets (£30), and lack of maintenance/mould (£50), arriving at a market rent of £900 pcm. The tenant's claim of undue hardship was rejected due to insufficient supporting financial information, so the new rent took effect from the date specified in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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