Lower Aish Cottage, Poundsgate, Newton Abbot, Devon, TQ13 7NY
Condition: An old attached cottage with no central heating or double glazing, an EPC rating of F, and evidence of damp and mould on the interior walls in need of redecoration.
Evidence considered
- Tenant cited four nearby properties allegedly let by the same landlord at £600/month, but provided no tenancy agreements or supporting documentation, so little weight was given.
- Landlord suggested a rent of £1,200-£1,500 pcm but provided no comparable evidence or methodology, so this was disregarded.
- Tribunal relied on its own expert knowledge of the local rental market to determine an £850 pcm baseline for the property in good condition.
- Photographic evidence of damp, mould and poor decorative condition supported a 15% downward adjustment.
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
The tribunal found open market rent for the property in good condition would be £850 pcm, based on its own expertise as neither party provided adequate comparable evidence. It applied a 15% deduction for the property's poor condition (damp, mould, need for redecoration, EPC rating F), arriving at £722.50 pcm. The tenant's extensive gardening work was not taken into account as this was a tenancy obligation, not an improvement.
Read the original decision (PDF, GOV.UK)
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