Flat 5, 146 Middleton Hall Road, Birmingham, B30 1DN
Condition: First-floor converted flat with damp issues requiring repair/refurbishment, no exclusive white goods, and an inadequate heating system (gas fires/space heaters only).
Evidence considered
- Landlord's agent report showing average asking rent for comparable one-bedroom units of £850 pcm
- Landlord's estimate of rental value at £785 pcm
- Tenant's online rental estimates (OpenRent £640 pcm, On The Market £619 pcm)
- Tenant's four comparable one-bedroom flats (fully modernised, ranging £695-£1,100 pcm) - considered not comparable due to higher specification
- Tenant's photographs of the property's condition, communal areas and garden, given weight in assessing condition deductions
- Tribunal's own general knowledge and expertise of rental values in the area
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal started from a market rent of £800 pcm for the flat if modernised and in good order, based on its own expert knowledge and the landlord's comparable evidence. It then deducted £185 pcm to reflect the property's actual condition (damp, needing repair/refurbishment), lack of exclusive white goods, and an inadequate heating system, arriving at £615 pcm. The tenant's own comparables were considered less reliable as they related to fully modernised properties, but their photographic evidence of poor condition was accepted and used to justify the deductions.
Read the original decision (PDF, GOV.UK)
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