Flat 9, The Cloisters 55 Kenilworth Road Leamington Spa Warwickshire CV32 6JL
Condition: Second floor flat with double glazing and garage, with disputed issues including a leaking garage, a previously under-rated/unsafe shower now replaced, and partial bed replacement.
Evidence considered
- Tenant submitted ~15 comparable property photographs with rents ranging roughly £800-£1,000 pcm, but addresses and full details were largely illegible and given little weight.
- Tenant submitted ~17 further comparables, mostly one-bedroom flats above shops, conversions, and house shares, deemed not comparable and disregarded.
- Landlord submitted ~50 Rightmove comparables from Jan 2025-Apr 2026 averaging £1,125 pcm, but some described as 'prestigious'/'luxury'/'high specification' and therefore not directly comparable.
- Landlord submitted repair invoices, an Electrical Installation Condition Report, a Minor Electrical Installation Works Certificate, and a Periodic Inspection Report addressing condition disputes.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal determined the market rent using its own expert knowledge of local rental values together with comparables submitted by both parties. The tenant's comparables were largely unreadable, lacked addresses, or were for different property types (one-bed flats, house shares) and so carried little weight. The landlord's ~50 Rightmove comparables (averaging £1,125 pcm) were considered more useful but some were discounted as being higher-specification/luxury properties not matching the subject flat's limited furniture and disrepair issues (garage leak, partial bed replacement, prior unsafe electrics). Weighing all evidence, the tribunal set a market rent of £1,075 pcm, below the landlord's proposed £1,100 but above the existing £1,050, and found the increase would not cause undue hardship so it took effect from the date in the landlord's notice.
Read the original decision (PDF, GOV.UK)
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