Flat 7, 146 Middleton Hall Road, Birmingham, B30 1DN
Condition: The flat has a ceiling crack with a rainwater leak, a leaking sink, a barely working extractor fan, and some mould, with part gas/part electric heating rather than full central heating.
Evidence considered
- Landlord submitted a market report showing average asking rent for comparable one-bedroom units of £850 per month
- Landlord's own estimate of rental value at £771 per month, with proposed rent of £750 per month set below this
- Tenant submitted photographs of a ceiling crack and a faulty extractor fan as evidence of disrepair
- Tribunal relied on its own general knowledge and expertise of local rental values alongside the landlord's comparables
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal used the landlord's comparable evidence (average asking rent for one-bedroom units of £850pcm) and its own expert knowledge to set a market rent of £750pcm for the property in good condition with full central heating and white goods. It then deducted for disrepair (leak, mould, faulty extractor), lack of exclusive white goods, and inefficient part-gas/part-electric heating, arriving at £615pcm. The tenant's objection to the validity of the landlord's notice over a misspelt name was rejected, and no later start date was allowed as the determined rent was already below that proposed and repairs had been factored in.
Read the original decision (PDF, GOV.UK)
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