First-tier Tribunal Determines Fair Rent for Property in Cirencester

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. CHI/23UC/F77/2019/0040

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 65 [ADDRESS], [POSTCODE]

[NAME] Mr [RESPONDENT]

Landlord Trustees of the Earl Bathurst Est 1963 Settlement

Tenant [APPELLANT]

1. The fair rent is £10,200.00 Per Year (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 19 September 2019

3. The amount for services is n/a Per n/a

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

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:

(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 £10,905.00 per annum prescribed by the Order.

[NAME] of decision 19 September 2019

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 289.5

PREVIOUS RPI FIGURE Y 272.9

X 289.5 Minus Y 272.9 = (A) 16.6

(A) 16.6 Divided by Y 272.9 = (B) 0.0609

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.1109

Last registered rent* £9,816.00 Multiplied by (C) = 10904.59 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £10,905.00

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £10,905.00 Per Annum

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.

Case Reference : CHI/23UC/F77/2019/0040

Property : 65 [ADDRESS]

[POSTCODE]

Applicant: [redacted] : None

Respondent : [redacted] Estate Settlement 1963

Representative : [COUNSEL] H [COUNSEL] of Application : Rent Act 1977 (“the Act”) Determination by the First-Tier Tribunal of the fair rent of a property following an objection to the rent registered by the Rent Officer.

Tribunal Members : Mr [NAME]

Mr [NAME] and Venue of Inspection : 19th September 2019

Date of Decision : 19th September 2019

_______________________________________________

REASONS FOR DECISION ____________________________________

© CROWN COPYRIGHT 2019

FIRST - TIER TRIBUNAL PROPERTY CHAMBER RESIDENTIAL PROPERTY)

RPTS – Case Ref CHI/23UC/F77/2019/0040

2

Summary of Decision

On 19th September 2019 the Tribunal determined a fair rent of £10,200 per annum with effect from 19th September 2019.

Background

1. On 9th May 2019 the Landlord’s Agent applied to the Rent Officer for registration of a fair rent of £ 10,200 per annum for the above property. This equates to £850 per calendar month.

2. The rent was previously registered on the 24th July 2017 at £9,816 per annum following a determination by the Rent Officer. This equates to £818 per calendar month.

3. The rent was registered by the Rent Officer on the 9th July 2019 at a figure of £10,600 per annum with effect from the 24th July 2019. This equates to a figure of £ 883.33 per calendar month.

4. By a letter received by the Tribunal office on 29th July 2019 the Tenant objected to the rent determined by the Rent Officer and the matter was referred to the First Tier Tribunal Property Chamber (Residential Property) formerly a [NAME].

Inspection 5. The Tribunal inspected the property on the 19th September 2019. Mrs [APPELLANT] was present as was [NAME] [APPELLANT] [NAME] representing the Landlord.

6. The property is an end terraced double fronted flush fronted dwelling house, built in 1870, with accommodation on two levels situated in the centre of Cirencester.

7. The accommodation includes a hall, living room, dining room, kitchen, utility and bathroom with WC all at ground floor level. At first floor level there is a landing with cupboard, two double bedrooms and a single bedroom.

8. The property has gas-fired central heating and original metal framed windows. The kitchen was refitted by the Landlord some 2 years ago.

9. The property is flush to the pavement on a busy road through the centre of Cirencester and has a small garden area to the side. The Tenant has opened up the original period fireplaces in the two main living rooms and constructed a porch over the rear entrance door. The property has no garage or parking space.

RPTS – Case Ref CHI/23UC/F77/2019/0040

3 10. The Tenant has provided the white goods, carpets and curtains. Internally the property appeared to be in good repair and decoration, being well cared for by the Tenant.

Evidence and representations

11. The Tenant had submitted a brief objection to the Tribunal which had been copied to the Landlord’s agent.

12. Neither party submitted any evidence of comparable rents in the town or surrounding area. Accordingly, the Tribunal relied on its own general knowledge of rents in the area of north Gloucestershire.

The Law

13. When determining a fair rent the Tribunal, in accordance with the Rent Act 1977, section 70, had regard to all the circumstances including the age, location and state of repair of the property. It also disregarded the effect of (a) any relevant tenant's improvements and (b) the effect of any disrepair or other defect attributable to the tenant or any predecessor in title under the regulated tenancy, on the rental value of the property.

14. In [COMPANY] v Chairman of the Greater Manchester etc. [NAME] (1995) 28 HLR 107 and [NAME] v [NAME] [NAME] [1999] QB 92 the Court of Appeal emphasised

(a) that ordinarily a fair rent is the market rent for the property discounted for 'scarcity' (i.e. that element, if 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

(b) that for the purposes of determining the 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).

15. The Tribunal also has to have regard to the Rent Acts (Maximum Fair Rent) Order 1999 where applicable. Most objections and determinations of registered rents are now subject to the Order, which limits the amount of rent that can be charged by linking increases to the Retail Price Index. It is the duty of the Property Tribunal to arrive at a fair rent under section 70 of the Act but in addition to calculate the maximum fair rent which can be registered according to the rules of the Order. If that maximum rent is below the fair rent calculated as above, then that (maximum) sum must be registered as the fair rent for the subject property.

RPTS – Case Ref CHI/23UC/F77/2019/0040

4 Valuation

16. In the first instance the Tribunal determined what rent the landlord could reasonably be expected to obtain for the property in the open market if it were let today in the condition that is considered usual for such an open market letting. It did this by having regard to Tribunal's own general knowledge of market rent levels in the area of North Gloucestershire. Having done so it concluded that such a likely market rent would be £900 per calendar month.

17. However, the property was not let in a condition considered usual for a modern letting at a market rent. Therefore it was first necessary to adjust that hypothetical rent of £900 per calendar month particularly to reflect the fact that the carpets, curtains and white goods were all provided by the Tenant which would not be the case for an open market assured shorthold tenancy and that the property stands flush to the pavement on a busy road through Cirencester.

18. The Tribunal therefore considered that this required a total deduction of £50 per month made up as follows:

Provision of carpets and curtains

£20 Provision of white goods in kitchen £10 Proximity to busy through road

£20

____ TOTAL

£50

19. The Tribunal did not consider that there was any substantial scarcity element in the area of North Gloucestershire.

Decision

20. Having made the adjustments indicated above the fair rent initially determined by the Tribunal for the purpose of section 70 of the Rent Act 1977 was accordingly £850 per calendar month equating to £10,200 per annum, this also being the amount originally requested in the Landlords’ application.

21. The Section 70 Fair Rent determined by the [NAME] is below the maximum fair rent permitted by the Rent Acts (Maximum Fair Rent) Order 1999 details of which are shown on the rear of the Decision Notice and accordingly that rent limit has no effect.

Accordingly the sum of £10,200 per annum per annum will be registered as the fair rent with effect from the 19th September 2019 this being the date of the Tribunal’s decision.

RPTS – Case Ref CHI/23UC/F77/2019/0040

5

Chairman: [NAME]

22. A person wishing to appeal this decision to the Upper Tribunal ([NAME]) must seek permission to do so by making a written application to the First-tier Tribunal at the Regional office which has been dealing with the case.

23. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

24. If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend the time limit, or not to allow the application for permission to appeal to proceed.

25. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.

If the First-tier Tribunal refuses permission to appeal in accordance with section 11 of the Tribunals, Courts and Enforcement Act 2007, and Rule 21 of the Tribunal Procedure (Upper Tribunal) ([NAME]) Rules 2010, the [NAME] may take a further application for permission to appeal to the Upper Tribunal ([NAME]). Such application must be made in writing and received by the Upper Tribunal ([NAME]) no later than 14 days after the date on which the First-tier Tribunal sent notice of this refusal to the party applying for the permission.