Flat 61 Dorchester Court, Herne Hill, London, SE24 9QY
Condition: Top-floor purpose-built flat with central heating, suffering from penetrating damp, mould and excess cold due to deteriorated crittal windows, with an unusable third bedroom and no access to its balcony.
Evidence considered
- Landlord submitted a schedule of 8 lettings on the same estate: 3-bedroom flats let at £2,650-£3,000 pcm and 2-bedroom flats at £2,350-£2,450 pcm
- Tribunal treated same-estate lettings as good comparables since they already reflect shared disadvantages like unusable balconies
- Tribunal relied on its own expert/general knowledge of local rental values alongside the comparables
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal used comparable lettings of 2- and 3-bedroom flats on the same estate as a starting point, assessing a modernised market rent of £2,800 pcm for a 3-bedroom flat in good condition. It reduced this to £2,300 pcm because the property's third bedroom was unusable due to damp and draughts, effectively making it a 2-bedroom flat, then further reduced it to £2,000 pcm to reflect excess cold, penetrating damp and mould affecting the rest of the property.
Read the original decision (PDF, GOV.UK)
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