Flat 4 Dibdin House, Maida Vale, W9 1QE
Condition: The property was dated but in repair, let with tenant-supplied improvements including replaced kitchen, bathroom, flooring and fittings, and has a predisposition to mould on exterior walls.
Evidence considered
- Landlord cited comparables: a one-bedroom in the same building asking £2100 pcm, a two-bedroom nearby asking £2149 pcm, and three further properties asking £2400 pcm; these were given significant weight in setting the base market rent.
- Tenant cited lower comparables (three-bedroom flats in the same building at £1200 pcm and £1070 pcm, and a flat let at £136 per week); these were considered but given less weight as they were larger units or not directly comparable.
- Tribunal also relied on its own general knowledge/expertise of local rental values.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal started from a market rent of £2200 pcm for the flat if modernised and in good order, based on its own knowledge and landlord comparables. It then applied deductions of 10% for disregarding tenant's improvements, 10% reflecting tenancy terms placing repair/decoration responsibility on the tenant, 5% for the tenant's own supply of white goods, and 5% for the property's predisposition to mould/condensation, arriving at £1540 pcm. The tenant's lower comparables were considered but the tribunal relied mainly on the landlord's evidence and its own expertise, and could not take into account the social/community character of the development.
Read the original decision (PDF, GOV.UK)
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