Fair Rent Determination for Property Under Rent Act 1977

OUTCOME: Allowed

FR27 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AN/F77/2024/0210

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 15-16 [ADDRESS] , [POSTCODE]

[NAME] D [NAME] [NAME] [NAME] [RESPONDENT] [NAME]

Landlord [APPELLANT]

Tenant Miss [APPELLANT] J [APPELLANT]

1. The fair rent is 166.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 23rd October 2024

3. The amount for services is

Per

not applicable

4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is

Per

not applicable

5. The rent is not to be registered as variable.

6. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf)

7. Details (other than rent) where different from Rent Register entry

The postal address of the property is now 14 [ADDRESS] [POSTCODE].

8. For information only:

(a) The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is the same as/below the maximum fair rent of £197.00 per week.

[NAME] [NAME] of decision 23rd October 2024

FR27 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 388.6

PREVIOUS RPI FIGURE Y 320.2

X 388.6 Minus Y 320.2 = (A) 68.4

(A) 68.4 Divided by Y 320.2 = (B) 0.21

First application for re-registration since 1 February 1999 YES/NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.26

Last registered rent* 157.00 Multiplied by (C) = 197.82 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 198.00

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £198.00 Per Week

Explanatory Note

1. The calculation of the maximum fair rent, in accordance with the formula contained in the Order, is set out above.

2. In summary, the formula provides for the maximum fair rent to be calculated by:

(a) increasing the previous registered rent by the percentage change in the retail price index (the RPI) since the date of that earlier registration and

(b) adding a further 7.5% (if the present application was the first since 1 February 1999) or 5% (if it is a second or subsequent application since that date).

A 7.5% increase is represented, in the calculation set out above, by the addition of 1.075 to (B) and an increase of 5% is represented by the addition of 1.05 to (B).

The result is rounded up to the nearest 50 pence.

3. For the purposes of the calculation the latest RPI figure (x) is that published in the calendar month immediately before the month in which the Tribunal’s fair rent determination was made.

4. The process differs where the tenancy agreement contains a variable service charge and the rent is to be registered as variable under section 71(4) of the Rent Act 1977. In such a case the variable service charge is removed before applying the formula. When the amount determined by the application of the formula is ascertained the service charge is then added to that sum in order to produce the maximum fair rent.

1

Case Reference

: LON/00AN/F77/2024/0210

Property : 15-16 [ADDRESS] [POSTCODE]

Tenant

: Miss [APPELLANT]

Landlord : [APPELLANT] of Objection : 11 April 2024

Type of Application : Section 70, Rent Act 1977

Tribunal

: [NAME] [NAME] [NAME] [NAME] [NAME] [NAME] of Summary Reasons

: 23rd October 2024

_______________________________________________

DECISION

The sum of £166 per calendar week will be registered as the fair rent with effect from 23rd October 2024, being the date, the Tribunal made the Decision. ____________________________________

© CROWN COPYRIGHT 2024

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

SUMMARY REASONS

Background

1. Following an objection from the Landlord to the determination of a fair rent by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977.

Inspection and Hearing

2. A hearing took place at 10am on the 23rd October 2024 attended by the tenant’s brother [APPELLANT]. An inspection of the property took place on the 23rd October 2024 following the hearing in the presence of the tenant and her brother.

Evidence

3. The Tribunal received a completed Reply Form from the landlord and the tenant together with a helpful floor plan. During the hearing, [NAME] [NAME] explained the history and background of this property. Therefore, for clarity, the Tribunal are required to value the property before the tenant’s building works in 1987 which amalgamated the former flats 13-14 and 15-16. Prior to these works the property was a non-self-contained fifth floor flat with shared lavatory and wash basin facilities. The reality is that following these works we have a self-contained 2 bedroom with two living rooms. This is a somewhat bizarre situation, and the Tribunal urges the parties to resolve the matter prior to any further rental increases.

Determination and Valuation 4. Having consideration of our own expert, general knowledge of rental values in the Fulham area, we consider that the open market rent for the property in its current condition would be in the region of £415 per calendar week. (£1.800 per month) From this level of rent we have made adjustments in relation to:

Terms of tenancy, no white goods, no carpets or curtains, no central heating, dated kitchen fittings, shared lavatory facilities with no bathroom, no working lift and tenant’s improvements which equates to 50%

5. The Tribunal has also made an adjustment for scarcity at 20%

6. The full valuation is shown below:

Market Rent £415 pw

3

Less

approx. 50% £207.50

£207.50

Less Scarcity

approx. 20%

41.50

£166.00

Decision

7. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £166.00 per calendar week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £198.00 per calendar week. The calculation of the capped rent is shown on the decision form.

8. In this case therefore the lower rent of £166.00 per calendar week is to be registered as the fair rent or this property.

Chairman: [NAME] [NAME]: 23 October 2024

APPEAL PROVISIONS

These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA