Ground Floor, 41 Alma Square, London, NW8 9PY
Condition: Converted ground floor flat in a period terrace building, with some defects (damp, old shower, defective doors) remedied within months of letting but not in fully good condition at commencement.
Evidence considered
- Landlord provided marketing particulars for two comparables: a top-floor one-bedroom flat in Alma Square advertised at £500/week (c.£2,167 pcm), smaller at 43m² but more modern
- A one-bedroom flat in Boundary Road advertised at £450/week, about 1 mile away, given limited weight due to distance
- Tenant provided no comparables but conceded the rent was reasonable or slightly below market
- Tribunal also relied on the Property's original asking price of £2,149 pcm and its own general knowledge of the Central London rental market
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
This was a section 22 application by an assured shorthold tenant, which only allows a determination where the passing rent is significantly higher than the open market rent for similar properties in the locality. The tribunal assessed the open market rent for the property in good condition at £2,000 pcm (based on the original £2,149 asking price, a comparable in the same square advertised at £2,000 pcm, and general local knowledge), then applied a 10% deduction (£200) for condition issues present at the start of the tenancy, arriving at £1,800 pcm as the reasonable rent. Since the passing rent of £1,800 pcm equalled this figure, it was not significantly higher than the open market rent, so the tribunal had no jurisdiction to make a determination and the rent remained unchanged at £1,800 pcm. The tribunal expressly noted it had no power to address the tenant's complaints about utilities, furniture, disrepair, or to award compensation or void the tenancy.
Read the original decision (PDF, GOV.UK)
Want the evidence, not just the decision?
Around half of the decisions in this database cite a problem with the evidence submitted — comparable tribunal outcomes are usually what decides these cases, for both sides. We're testing a paid evidence pack and a guided walkthrough of the application, built from this database.
Landlord evidence pack — from £15
Nearby tribunal outcomes, a rent level likely to survive a challenge, and an evidence pack in the format the tribunal expects — timed for when you serve a section 13 notice.
Register interest in the landlord packTenant pack — from £19
Whether challenging your rent increase is worth it, plus the comparable decisions to include with your MR1 application to the tribunal.
Register interest in the tenant packNot built yet — register your interest by email and we'll let you know when it's ready. This isn't legal advice; see the law and free advice options.