First-tier Tribunal Adjusts Fair Rent for Property Condition

OUTCOME: Allowed

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Case Reference

: LON/00AF/F77/2024/0667

Property : 49A [ADDRESS] [POSTCODE]

Tenant

: Mrs [APPELLANT]

Landlord : [APPELLANT] of Objection : 12 August 2024

Type of Application : Section 70, Rent Act 1977

Tribunal

: Mr [NAME] [NAME] of Summary Reasons

: 15 January 2025

_______________________________________________

DECISION

The sum of £2,340 per quarter will be registered as the fair rent with effect from 15 January 2025 being the date the Tribunal made the Decision. ____________________________________

© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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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.

Evidence

3. The Tribunal has consideration of the Rent Officers calculations and each parties written submissions. Neither party provided the Tribunal with written evidence of rental levels for comparable properties in the area, although the Landlord did make reference to a flat that was let at £1,600 per month.

Determination and Valuation

4. Having consideration of our own expert, general knowledge of rental values in the West Wickham area together with the Landlords limited comparable evidence, we consider that the open market rent for the property in good condition would be in the region of £4,500 per quarter.(£1500 per month) From this level of rent we have made adjustments in relation to: no white goods, no carpets or curtains, some defective window units, no central heating, tenants improvements and terms of the tenancy which equates to approximately 30%

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

6. The full valuation is shown below:

Market Rent £4,500 pq

Less

approx. 30%

£1575 Terms and condition

Leaves

£2925

Less Scarcity

approx. 20%

£585

3

Leaves

£2340 pq

7. The Tribunal determines a rent of £2340 per calendar quarter

Decision

8. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £2340 per quarter The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £2717.50 per calendar quarter The calculation of the capped rent is shown on the decision form. In this case the lower rent of £2340 per quarter is to be registered as the fair rent for this property effect from 15 January 2025 being the date the Tribunal made the Decision.

Chairman: [NAME] [NAME]: 15 January 2025

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

FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AF/F77/2024/0667

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 49A [ADDRESS] [POSTCODE]

[APPELLANT] [NAME]

Landlord [APPELLANT]

Tenant Mrs [APPELLANT]

1. The fair rent is 2340 Per Quarter (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 15 January 2025

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

8. For information only:

The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is below the maximum fair rent of £2,717.50 per quarter.

[NAME] [NAME] of decision 15 January 2025

FR27 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 390.9

PREVIOUS RPI FIGURE Y 291.7

X 390.9 Minus Y 291.7 = (A) 99.2

(A) 99.2 Divided by Y 291.7 = (B) 0.34

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) 1.39

Last registered rent* 1955 Multiplied by (C) = 189.75 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 2717.45

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £2717.50 Per Quarter

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.