First-tier Tribunal Determines Fair Rent for Central London Property

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00BK/F77/2024/0029

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 26 [NAME], 26 [ADDRESS], [POSTCODE]

[NAME] [COMPANY]

Tenant [APPELLANT]

1. The fair rent is £14,300.00 Per Year (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 8th April 2024

3. The amount for services is NIL Per Year

negligible/not applicable

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

Per

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)/ do not apply because 1st registration/15% exemption.

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

8. For information only:

(a) The fair rent to be registered is the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The rent that would otherwise have been registered was £ .................................................................................................................................................................... per .................................. including £ ...................... per ................................ for services (variable).

(b) 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 £ 15,326.00 per year . .

[NAME] [NAME] of decision 8th April 2024

MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 381.00

PREVIOUS RPI FIGURE Y 314.30

X 381.00 Minus Y 314.30 = (A) 66.70

(A) 66.70 Divided by Y 314.30 = (B) .[PHONE]

First [NAME] for re-registration since 1 February 1999 YES/NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.26221763

Last registered rent* £12,142.50 Multiplied by (C) = 1.26221763

*(exclusive of any variable service charge)

Rounded up to nearest 50p = £15,326.00

Variable service charge YES / NO If YES add amount for services

MAXIMUM FAIR RENT = £15,326.00 Per Year

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 [NAME] was the first since 1 February 1999) or 5% (if it is a second or subsequent [NAME] 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 [NAME] of the formula is ascertained the service charge is then added to that sum in order to produce the maximum fair rent.

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference : LON/00BK/F77/2024/0029

Hearing Type : [ADDRESS] of Written Representations

Property : 26 [NAME], 26 [ADDRESS], [POSTCODE]

Applicant: [redacted]

Respondent: [redacted] : Referral of a Registration of Fair Rent under the Rent Act 1977

Tribunal Member : [NAME], [NAME] of Decision : 9 April 2024

REASONS

REASONS

Background

1. On 11 September 2023 the landlord sent an RR1 [NAME] for rent registration of a fair rent to the Rent Officer. The previous rent was determined by the Rent Officer on 18 November 2021 at £12,142.50 per annum.

2. On 7th November 2023 the Rent Officer registered a fair rent of £14,976 per month effective from 18 November 2023.

3. By a letter dated 7 November 2023, the Valuation Office referred the matter to the Tribunal for the determination of a fair rent.

4. On 8 February 2024, the Tribunal issued directions to the parties requiring them to produce any evidence on which they wish to rely in support of their respective cases including by use of a reply form. The matter was set down for determination on the papers unless either party requested a hearing which neither did. The landlord was directed to return the reply form with any documents upon which it wished to rely by 21 February 2024. The tenant was directed to do likewise by 6 March 2024 with the landlord given further opportunity to respond by 13 March 2024.

5. Both parties took the opportunity to make submissions. In a letter dated 20 November 2023 the tenant objected to the Valuation Officer’s registration.

6. In consideration of the fair rental value of the subject property, the Tribunal has taken into consideration all documentation before it including various letters and the reply forms returned by the parties.

7. In a letter dated 20 November 2023 the tenant maintains that the assessment of the property by the Valuation Officer has been made on the wrong basis.

8. In particular, the tenant points out that the assessment is on the same basis as the assessment of numbers 12, 23 and 43 [NAME] but advises that these are on the north side of the property and do have kitchen/diners whereas her flat is smaller and only has a kitchenette.

9. The tenant points to the fact that the landlord has described the flat as having a kitchen/diner, however, the tenant also points out and it is noted , that in the rent registration document the Valuation Officer has referred to the subject property as having a kitchenette. The tenant also advises that the property does not have central heating.

10. In the landlord’s reply, the landlord emphasises the location of the property and in particular its proximity to [ADDRESS] and [ADDRESS].

11. The landlord states that similar properties in the building rent for £33,000 per annum but provides no documentary evidence to corroborate this. Neither does the landlord provide sufficient details of these similar properties to enable comparison with the subject property to take place.

12. It is noted that the rent includes the following services: cleaning and lighting of common parts, a door entry system, TV aerial, refuse disposal, a night-time security guard and broadband.

13. The landlord submitted that these services now cost £5,440 per annum.

14. It is noted that the tenant is responsible for repair and maintenance as detailed within Section 11 of the Landlord & Tenant Act 1985.

15. On 8 April 2024, on the basis of paper and without a hearing, the Tribunal determined the fair rent of the above property at £14,300 per annum.

The Law

16. When determining a fair rent the Tribunal in accordance with the Rent Act 1988 Section 70, had regard to all the circumstances (other than personal circumstances) including the age, location and state of repair of the property. Section 70 is set out in the Appendix below.

17. In [COMPANY] vs [NAME], etc. Tribunal (1995) 24HLR 107 and [NAME] vs London Rent Assessment Tribunal (1999) QB92 the Court of Appeal emphasised that ordinarily a fair rent is the market rent for the property discounted for “scarcity” (i.e. that element of any of the market rent that is attributable to there being a significant shortage of similar properties in the wider locality available for letting on similar terms – other than as to rent – to that of the

regulated tenancy) and that for the purpose of determining market rent, assured tenancy (market) rents are usually appropriate comparables (these rents may have to be adjusted where necessary to reflect any relevant differences between those comparables and the subject property).

The Property

18. From Google Maps and information included on the rent register as well as information provided by the parties, the Tribunal found as follows: The property comprises a mansion flat typical of the period. It is located on the third floor above commercial premises. Built circa 1900 the property is constructed of brick under a pitched roof.

From the rent register the flat is understood to comprise a lounge, two bedrooms, kitchenette and bathroom/WC.

The flat is in a busy and popular location within central London well placed for transport and shopping facilities.

Valuation

19. From [COMPANY] vs [NAME] etc. Tribunal, other registered rents are not relevant as a starting point because they are not market rents.

20. The Tribunal must first determine the market rent for the property of this size, in this location and in its current condition. It must also disregard the personal circumstances of either party. The Tribunal notes that the Rent Officer adopted a starting point of £31,200 per annum. Using its own general knowledge of the [NAME] property market, the Tribunal disagrees with the Rent Officer and considers that the market rent for the property of this size and in this location, in good condition, with the usual white goods, carpets and decorated to a good condition would be £32,500 per annum. However, all white goods, carpets and curtains are presumed to be the property of the tenant. In addition, a tenant of a Rent Act property has more onerous repairing obligations than those under an assured shorthold tenancy.

21. The Tribunal therefore made the following deductions from the market rent of £32,500 per annum to reflect those differences:

Market rent £32,500pa

Less deductions for: • Tenant’s decorative and repairing liability • No white goods • No floor coverings • No central heating • Small kitchen • Dated bathroom

Less 45% = £14,625pa

Adjusted rent £17,875pa

22. The Tribunal found that there was substantial scarcity in the locality of [NAME], having taken judicial notice of long housing association and local authority waiting lists in [NAME]. It therefore made a deduction in respect of scarcity of 20% (£3,575 per annum) from the adjusted market rent to reflect this element. This left a final rental figure of £14,300 per annum.

23. The Tribunal is then required to apply the Rent Act (Maximum Fair Rent) Order 1999. The calculation was included on the decision sheet and produced a maximum fair rent of £15,326.00 per annum.

24. The Tribunal must register the lower of the adjusted market rent or maximum fair rent as the fair rent for the property. In this instance the maximum fair rent produces a higher figure and the Tribunal therefore registered the rent at £14,300 per annum with effect from 9th April 2024 being the date of the Tribunal decision.

Name: Mr [NAME], FIRPM

Date: 9th April 2024

ANNEX – RIGHTS OF APPEAL

The Tribunal is required to set out rights of appeal against its Decision by virtue of the Rule 36(2)(c) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and these are set out below:

If a party wishes to appeal against this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First- tier Tribunal at the regional office which has been dealing with the case

The [NAME] for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the Decision to the [NAME].

If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit.

The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property, and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking.

APPENDIX

Rent Act 1977

Section 70 Determination of Fair Rent

(1) In determining, for the purpose of this part of this Act, what rent is or would be a fair rent under a regulated tenancy of a dwellinghouse, regard shall be had to all the circumstances (other than personal circumstances) and, in particular, to –

(a) the age, character, locality and state of repair of the dwellinghouse…F1

(b) if any furniture is provided for use under the tenancy, the quantity, quality and condition of the furniture (F2 and)

(c) (F2(c)) any premium, or sum in the nature of a premium, which has been or may be lawfully required or received on the grant, renewal, continuance or assignment of the tenancy)

(2) For the purpose of the determination, it shall be assumed that the number of persons seeking to become tenants of similar dwelling-houses in the locality on the terms (other than those relating to rent) of the regulated tenancy is not substantially [NAME] than the number of such dwelling- houses in the locality which are available for letting on such terms.

(3) There shall be disregarded:

(a) any disrepair or other defect attributable to a failure by the tenant under the regulated tenancy or any predecessor in title of his to comply with any terms thereof;

(b) any improvement carried out, otherwise than in pursuance of the terms of the tenancy; by the tenant under the regulated tenancy or any predecessor in title of his;

(c) (d)…………………………………………………………………… …F3

(d) If any furniture is provided for use under the regulated tenancy, any improvement to the furniture by the tenant under the regulated tenancy or any predecessor in title of theirs or, as the case may be, any deterioration in the condition of the furniture due to any ill- treatment by the tenant, any person residing or lodging with them, or any sub-tenant of theirs.

(e) F4 [(3a) in any case where under Part 1 of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay Council Tax in respect of a hereditament (“the relevant hereditament”) of which the dwelling-house forms part, regard shall also be had to the amount of Council Tax which, as at the date on which the [NAME] to the rent officer was made, was set by the billing authority –

(a) for the financial year in which that [NAME] was made, and

(b) for the category of dwelling within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of Council Tax payable shall be disregarded.

(3b) In subsection (3a) above –

“hereditament” means a dwelling within the meaning of Part 1 of the Local Government Finance Act 1992.

“billing authority” has the same meaning as in that part of the Act, and

“category of dwellings” has the same meaning as in Section 30(1) and (2) of that Act.]

(4) In this section “improvement” includes the replacement of any fixture or fitting.

[F5 (4a) in this section “premium” has the same meaning as in part IX of this Act and “sum in the nature of a premium” means –

(a) any such loan as is mentioned in Section 119 or 120 of this Act,

(b) any such excess over the reasonable price of furniture as is mentioned in Section 123 of this Act, and

(c) Any such advance payment or rent as is mentioned in Section 126 of this Act.]

(5) …………………………………………………………………………… …….