Flat 7 Hazelwood, 51/53 Alness Road, Whalley Range, Manchester, M16 8HW
Condition: Tenant raised concerns about damp, decoration, and neighbour disputes at the property.
Evidence considered
- Comparable properties in the local area were considered, all with significantly higher rents than the proposed rent
- Tribunal indicated that, had it jurisdiction, it would have set a market rent of £155.00 per week (£672 pcm) even allowing for disrepair issues
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The Tribunal found it had no jurisdiction to determine a market rent because the tenancy's rent review clause fell within the exception in s.13(1)(b) Housing Act 1988, as interpreted by the Court of Appeal in Contour Homes Ltd v Rowen: the clause allowed the landlord to increase rent by notice to an unspecified amount, so it was not a tenancy to which s.13 applied, regardless of a provision in the tenancy purporting to allow referral to a Rent Assessment Committee. Obiter, the Tribunal noted that, had it had jurisdiction, the landlord's proposed rent of £90.81 per week (including a £18.77 service charge) was well below market value based on comparable evidence, and a fair market rent would have been £155.00 per week even accounting for disrepair and condition issues raised by the tenant.
Read the original decision (PDF, GOV.UK)
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