The tribunal considers:

• rents of similar private properties in the local area

• the inspection of the property

• any supporting evidence provided by the tenant or landlord

Inspection

The tribunal can ask to inspect the property to help it understand the issues raised by both the tenant and the landlord before making its decision.

An inspection normally happens on the day of the hearing or the day the tribunal reviews the case. The tenant will be told the date and time in advance.

An inspection normally means the tribunal will take longer to make a decision. The tenant should pay the original rent in the meantime.

The tenant is not legally required to provide access for an inspection, but it will help if the tribunal and landlord can view the property.

A tenant does not need to clean the property to a high standard. They should show that they are looking after the property and following the terms of the tenancy, such as no smoking indoors or keeping pets without permission.

Prepare the tenant to point out any issues with the property such as damp or mould.

Paper decision or oral hearing

The tribunal might request an oral hearing if it believes this is necessary or if this is requested by the tenant or landlord.

The tribunal will normally make a paper decision based on the application and any written evidence provided, without talking to the tenant or landlord.

A decision is normally made within 6 weeks of the written or oral hearing.

A paper decision can be more convenient, save time and reduce stress for tenants. However, they do not have the opportunity to respond to the landlord's arguments or clarify points directly with the tribunal.

Attending an oral hearing allows tenants to present their case directly to the tribunal and provide clarity on their situation. However, it can be time consuming, stressful, and difficult to access legal representation.