Full Reasons 14 Assembly Walk, Carshalton, London, SM5 1JH
Condition: Flat above shops accessed only via an external metal staircase with a previously repaired step, with visible mould and no extractor fan in the bathroom.
Evidence considered
- Landlord submitted two rental valuation reports and inspection reports from a letting agent, suggesting a market rent of around £2,000 pcm.
- Tribunal relied on its own expert knowledge of local rental values alongside the landlord's comparable evidence to arrive at an open market figure of £1,600 pcm.
- Tenants cited a neighbouring identical property paying £1,500 pcm after a prior increase from £1,300 pcm, as informal comparable evidence.
- A 5% deduction was applied from the assessed market rent to reflect the unsatisfactory staircase access and bathroom mould/lack of extractor fan.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The tribunal assessed the open market rent for the property in good condition at £1,600 pcm, drawing on the landlord's valuation evidence and its own knowledge of local rental values, which it preferred over the tenants' informal reference to a neighbouring property. It then applied a 5% deduction (£80) to reflect the poor external metal staircase access and mould/lack of extractor fan in the bathroom, producing a determined rent of £1,520 pcm. The tribunal also found that backdating the rent to the date in the landlord's notice would cause the tenants undue hardship, so the new rent took effect from the decision date rather than the notice date.
Read the original decision (PDF, GOV.UK)
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