MASCOT, WINDSOR ROAD, BOWERS GIFFORD, ESSEX SS13 2LH
Condition: The property, a converted single-storey non-standard dwelling (including an old railway carriage), was in very poor condition with extensive damp and black mould, defective electrics, no working heating, asbestos-containing ceilings, and poor EPC rating (E).
Evidence considered
- Landlord's Reply Form referenced comparable local lettings with asking rents of £1,400-£1,600 per month
- Landlord supplied a surveyor's valuation report estimating market rent at £1,200 per month subject to remedial works
- Tenant provided a room-by-room schedule of defects, an electrical inspection report citing over 50 faults, and a boiler report recommending replacement
- Tribunal relied on its own knowledge of local rental values around Basildon rather than adopting either party's comparable figures directly
- Tribunal applied itemised deductions from a notional good-condition rent for tenant-provided improvements and for disrepair items (damp/mould, lack of heating, defective wiring, asbestos ceilings, poor EPC, inadequate hot water)
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
The Tribunal first assessed a notional market rent of £1,800 per month for the property if let in usual good condition with landlord-provided fittings, based on its own knowledge of rental values in the Basildon area and the size/location of the plot (excluding tenant-owned outbuildings). It then applied a series of itemised deductions totalling £905 per month to reflect tenant-provided improvements (conservatory, kitchen/bathroom fittings, white goods, flooring, decking) which should not count towards rent, and to reflect disrepair issues not attributable to the tenant (extensive damp/mould, defective electrics, lack of heating, asbestos ceilings, poor EPC, inadequate hot water). This produced a determined market rent of £895 per month, only slightly above the previous rent of £825, reflecting the property's very poor condition despite higher comparable asking rents in the area.
Read the original decision (PDF, GOV.UK)
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