Flat No 14, 45 Arkwright Avenue, Rochdale, England, OL16 2BS
Condition: Modern first floor flat with electric heating, double glazing and flooring throughout, in good order.
Evidence considered
- Tenant's comparables: two identical two-bedroom flats at Brook End, Rochdale advertised at £975 and £990 pcm - given significant weight as reflecting current market advertising levels
- Landlord's comparable: identical unit at Brook End with agreed rent of £1025 pcm from May 2026 - considered relevant but viewed as less reflective of true market rent as it was a sitting tenant rent review
- Landlord's comparables: two similar but slightly smaller flats at Coral House agreed at £1035 pcm - considered relevant but affected by same sitting tenant concern
- Landlord's comparables: two flats at New Baillie Street with extra amenities (e.g. gym) advertised at £1255 and £1270 pcm - discounted as not comparable due to additional building amenities
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal accepted that comparables marketed by the developer for identical units at lower rents (£975-£990 pcm) better reflected current open-market value than the landlord's agreed rent-review comparables, which it considered likely reflected sitting tenants' reluctance to challenge increases rather than true market levels. One set of landlord comparables (with significant extra amenities such as a gym) was discounted as not comparable. Using its own expertise and the accepted comparables, the tribunal determined a market rent of £990 pcm.
Read the original decision (PDF, GOV.UK)
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