Flat 7 57 Earls Avenue Folkestone Kent CT20 2HA
Condition: First floor flat in a converted Victorian HMO building, with no double glazing, a treated but not eradicated damp/mould issue, and slow hot water.
Evidence considered
- Rents agreed for other flats in the same building (Flat 11 £700, Flat 9 £725, Flat 4 £595, Flat 2 £825) were given significant weight as particularly useful comparables, adjusted for differences in size, heating, amenity and condition
- Tenant provided wider comparable evidence from £575 to £1,400 pcm, given some weight alongside in-building comparables
- Tribunal also relied on its own expertise and general knowledge of local rental values
- Adjustments made from a £750 pcm starting rent for tenant-provided white goods, lack of double glazing/insulation, and damp/mould (each reducing rent), offset by increases for landlord-provided winter heating and water/sewage
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal started from a market rent of £750 pcm for the property if modernised and in good condition, based substantially on rents recently agreed for comparable flats within the same building, supported by wider comparable evidence and its own expertise. It then applied adjustments of -£30 for tenant-provided white goods, -£20 for lack of double glazing/poor insulation, -£25 for unresolved damp and mould, +£40 for landlord-provided winter heating, and +£10 for landlord-provided water/sewage, arriving at £725 pcm. The tribunal also rejected the tenant's request for a later effective date, finding the evidence did not meet the high threshold for undue hardship.
Read the original decision (PDF, GOV.UK)
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