Flat 5, Rosewarne Villas, 86 Berners Street, Ipswich, Suffolk, IP1 3LU
Condition: The flat was generally tired and dated, with worn kitchen and bathroom fittings, dated single-glazed windows, worn/damaged carpets, and some unexplained damp staining, though no significant disrepair was substantiated.
Evidence considered
- Tenant's comparables of £650-£700 pcm for 1-bedroom flats in Ipswich, found to be in better condition than the subject property and of limited assistance.
- Landlord's 'Best Price Guide' comparables of £725-£795 pcm for 1-bedroom flats, found to be in better condition and some with parking, so given limited weight.
- Tribunal used its own expert knowledge to assess a notional modernised market rent of £750 pcm, then applied a 17.5% reduction (midpoint of a 15-20% range) to reflect the property's condition.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal first assessed a hypothetical market rent of £750 pcm for the flat if modernised and in good condition, drawing on its own expertise and the comparables from both parties (which it found of limited direct comparability due to better condition in the comparators). It then applied a 17.5% discount (midpoint of a 15-20% range) to reflect the property's dated and tired condition, including worn kitchen/bathroom, old windows, worn carpets and some damp, arriving at £618.75 pcm. The tenant's claim of undue hardship to delay the rent increase was rejected due to lack of supporting evidence, so the new rent took effect from the date in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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