First-tier Tribunal Determines Fair Rent for Tenancy Agreement

OUTCOME: Allowed

FR27 First-tier Tribunal – Property Chamber File Ref No. HAV/45UD/F77/2025/0602

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 1 Terwick Cottage Rogate Petersfield Hampshire [POSTCODE]

[NAME] Ms [APPELLANT] [NAME] [APPELLANT]

Tenant Mr [APPELLANT]

1. The fair rent is £727.50 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 13 February 2025

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 the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The rent that would otherwise have been registered was £780.00 per Calendar Month.

[NAME] of decision 13 February 2025

FR27 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 392.1

PREVIOUS RPI FIGURE Y 284.1

X 392.1 Minus Y 284.1 = (A) 108

(A) 108 Divided by Y 284.1 = (B) 0.38

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.43

Last registered rent* £508.50 Multiplied by (C) = £727.16 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £727.50

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £727.50 Per Calendar Month

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.

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Case Reference

: HAV/45UD/F77/2025/0602

Property : 1 Terwick Cottage, Rogate, Petersfield, Hampshire [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [APPELLANT] c/o [NAME] of Objection : 16 December 2024

Type of Application : Section 70, Rent Act 1977

Tribunal

: Mr [NAME] Ms [NAME] [NAME] of determination : 13 February 2025

Date of Summary Reasons

: 13 February 2025

_______________________________________________

DECISION

The sum of £727.50 per month will be registered as the fair rent with effect from 13 February 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 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.

Evidence

2. The Tribunal has consideration of the Rent Officer’s calculations. Both the Landlord and the Tenant completed the Rent Appeal Statements which have been taken fully into account. Neither party provided the Tribunal with any comparable evidence.

Inspection

3. The parties were satisfied for the Tribunal to make a determination based upon the submissions provided and therefore an inspection of the property was not undertaken.

Determination and Valuation

4. Having consideration of our own expert, general knowledge of rental values in the Rogate and Petersfield area. The Tribunal considers that an achievable rent for a similar four-roomed house in a good marketable condition with reasonably modern kitchen and bathroom fittings, modern services, central heating, carpets curtains and white goods provided by the Landlord would be £1,300 per month.

5. From this level of rent we have made adjustments in relation to: no white goods, no carpets or curtains, evidence of damp and mould to the main walls, dated kitchen and bathroom fittings, poor configuration and size of the first floor rooms and the tenant’s terms of the tenancy which equates to a deduction of approximately 40%. It should be noted that this figure cannot be a simple arithmetical calculation and is not based upon capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant.

6. The Tribunal does not consider an adjustment for scarcity as it considers there is a balanced demand and supply of similar rental properties in the general area.

7. The calculation for the valuation is shown below:

3 Market Rent £1,300 pm

Less

approx. 40%

£520 Terms and condition

Leaves

£780

8. The Tribunal determines a rent of £780 per calendar month.

Decision

9. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £780 per month. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £727.50 per calendar month. The calculation of the capped rent is shown on the decision form. In this case, the lower rent of £727.50 per calendar month is to be registered as the fair rent for this property to take effect from the 13 February 2025 being the date the Tribunal made the Decision.

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