16 Whitworth Close, St Agnes, Truro, Cornwall, TR5 0UW
CHI/00HE/MNR/2023/0214 · Cornwall · decided 15 Jan 2024
old rules| Rent before the notice | £650 |
|---|---|
| Rent the landlord proposed | £1,350 |
| Rent the tribunal decided | £940 +44.6% on the rent before |
| New rent takes effect | 1 Sep 2023 |
| Date of the landlord's notice | 21 Jul 2023 |
| Rules | Old rules (notice dated before 1 May 2026): the tribunal could also set a rent higher than the landlord's figure. |
| Property | house, 2 bedrooms |
Rents per calendar month as the tribunal recorded them (weekly rents × 52 ÷ 12). Read from the PDF automatically.
From the tribunal's valuation
The Tribunal has carefully considered all the submissions before it. … During cross examination it was established that the AST purportedly agreed in 2020 was only provided to the tenants in 2023 and backdated. It was further stated by the tenant that the tenants’ signatures to that agreement and that of their witness were fabricated. … Determination as to the validity of that agreement is outside the jurisdiction of this Tribunal. Should the issue remain in dispute the parties will be required to refer the matter to the County Court for determination. … However, it was common ground between the parties that the tenants uninterrupted occupation of the property commenced in 1994. The Tribunal proceeds with the rental determination on such basis. … The Tribunal determines a market rent for a property by reference to rental values generally and, in particular, to the rental values for comparable properties in the locality. The Tribunal has no regard to the current rent and the period which that rent has been charged, nor does it take into account the percentage increase which the proposed rent represents to the passing rent. In addition, the legislation makes it clear that the Tribunal is unable to account for the personal circumstances of either the landlord or the tenant. … The Tribunal assesses the rent for the property as at the date of the landlord’s Notice. …
An extract. To keep people's names out, any sentence that might contain one is left out (marked …). The full reasons are in the original decision.
The original
Past decisions are not a prediction. Each tribunal decides on the evidence in front of it.