Flat 4 Osbourne Court, 1 Ashcombe Road, Weston-Super-Mare BS23 3DS
Condition: Purpose-built flat of original (unmodernised) specification with some outstanding minor defects (defective laminate flooring, past leak issues), contrasted with other refurbished flats in the block.
Evidence considered
- Tenant provided 10 Zoopla-advertised 2-bed flats in the area ranging £850-£1000 pcm, treated as asking rents only (not conclusive)
- Landlord provided evidence of four lettings within the same block (Osbourne Court) achieving £1,150-£1,180 pcm, given significant weight as direct comparables
- Landlord also provided a Rightmove 'Best Price Guide' for a 0.25-mile radius showing £1,100-£1,450 pcm, treated as asking rents only
- Tribunal used its own expert knowledge of the local market alongside the evidence to set a starting modernised rent, then deducted for tenant improvements and defective flooring
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal started from a modernised, good-condition market rent of £1,150 pcm, derived from its own expertise and the in-block comparable lettings (£1,150-£1,180 pcm), which it preferred over the asking-rent evidence from both parties. It then deducted £120 to reflect the property's unmodernised condition relative to other flats in the block and outstanding minor defects (notably defective laminate flooring), while disregarding tenant-made improvements as required by statute, arriving at £1,030 pcm.
Read the original decision (PDF, GOV.UK)
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