First-tier Tribunal Determines Fair Rent Amid Damp Issues

OUTCOME: Allowed in Part

FR24 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AD/F77/2023/0223

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 23 [ADDRESS], [POSTCODE]

[NAME]

Landlord [APPELLANT]

Tenant Mrs [APPELLANT].[APPELLANT] [NAME]

1. The fair rent is 222.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 27 November 2023

3. The amount for services is N/A Per N/A

negligible/not applicable

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

N/A Per N/A

negligible/not applicable

5. The rent is/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:

(a) 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 £286.00 per week including £Nil per week for services prescribed by the Order.

[NAME] of decision 27 November 2023

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 377.8

PREVIOUS RPI FIGURE Y 295.4

X 377.8 Minus Y 295.4 = (A) 82.4

(A) 82.4 Divided by Y 295.4 = (B) .2789

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) 1.3289

Last registered rent* 215 Multiplied by (C) = 285.8 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 286

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £286 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

: TR/LON/00AD/F77/2023/0223

Property : 23 [ADDRESS], [POSTCODE]

Tenant

: [NAME]

Landlord : [APPELLANT] of Objection : 26 October 2023

Type of Application : Rent Act 1977

Tribunal

: [NAME] [NAME] Valuer 079475

Alan Ring

Date of Summary Reasons

: 27 November 2023

_______________________________________________

DECISION

The sum of £222.00 per week will be registered as the fair rent with effect from 27 November 2023, being the date the Tribunal made the Decision. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

SUMMARY REASONS

Background 1. Following an objection from the Tenant 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 2. The Tribunal did inspect the property. They noted extensive penetrating and rising damp to the lounge walls and first floor rear bedroom walls. This defect is a material valuation consideration.

Evidence 3. There were no written submissions from the parties.

Determination and Valuation 4. Having consideration of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in a satisfactory condition would be in the region of £370 per week. From this level of rent we have made adjustments to reflect any tenant improvements, disrepair and obsolescence at the property. Details of the adjustments made are shown in the valuation table below.

5. The Tribunal has also made an adjustment for scarcity.

6. The full rental valuation is shown below:

3

7. The Tribunal determines a rent of £222.00 per week.

Decision 8. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £222 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £286 per week. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £222 per week is to be registered as the fair rent for this property.

Chairman: [NAME]: 27 November 2023

APPEAL PROVISIONS

You can only appeal this determination if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law. 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