First-tier Tribunal Determines Fair Rent for Tenant

OUTCOME: Allowed

FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AN/F77/2025/0026

Notice of the Tribunal [NAME] 1977 Schedule 11

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

Judge Tagliavini Mrs S Redmond MRICS

Landlord [COMPANY]

Tenant Ms [APPELLANT]

1. The fair [NAME] is 219 Per week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 2 April 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 [NAME] allowance is

Per

not applicable

5. The [NAME] is not to be registered as variable.

6. The capping provisions of the [NAME] ([NAME]) Order 1999 apply (please see calculation overleaf)/ do not apply because 1st registration/15% exemption.

7. Details (other than [NAME]) where different from [NAME] entry

Self-contained converted flat circa 1800-1918 with 3 rooms, kitchen and bath/w.c.

8. For information only:

(a) The fair [NAME] to be registered is the maximum fair [NAME] as prescribed by the [NAME]

([NAME]) Order 1999. The [NAME] that would otherwise have been registered was

£340.00 per week.

Chairman Judge Tagliavini

Date of decision 2 April 2025

FR27 [NAME] FIGURE X 394

PREVIOUS RPI FIGURE Y 279.7

X 394 Minus Y 279.7 = (A) 114.3

(A) 114.3 Divided by Y 279.7 = (B) 0.408652

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) 1.458652

Last registered [NAME]* 150.00 Multiplied by (C) = 218.79 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 219.00

Variable service charge NO If YES add amount for services

[NAME] = £219.00 Per week

Explanatory Note

1. The calculation of the maximum fair [NAME], in accordance with the formula contained in the Order, is set out above.

2. In summary, the formula provides for the maximum fair [NAME] to be calculated by:

(a) increasing the previous registered [NAME] 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 [NAME] determination was made.

4. The process differs where the tenancy agreement contains a variable service charge and the [NAME] is to be registered as variable under section 71(4) of the [NAME] 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 [NAME].

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Case Reference

: LON/00AN/F77/2025/0026

Property : [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [NAME] of Objection : 22 November 2024

Type of Application : Section 70, [NAME] 1977

Tribunal

: Judge Tagliavini

Mrs S Redmond MRICS

Date

: 2 April 2025

_______________________________________________

DECISION

The sum of £219.00 per week will be registered as the fair [NAME] with effect from 2 April 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

[NAME] by the [NAME], the Tribunal has made a determination under

the provisions of the [NAME] 1977.

Inspection

2. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence

3. The Tribunal has consideration of the written submissions provided by

the Tenant.

Determination and Valuation 4. Having regard to our own expert, general knowledge of rental values in

the area, we consider that the open market [NAME] for the property in its

current condition would be £530.00 per week. From this level of [NAME] we have made adjustments of 20% in relation to:

Terms of tenancy

Curtains and carpets

White goods

Not fully refurbished

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

6. The valuation is shown below:

[NAME]

£530.00 per week

Less 20%

£424.00 per week

Less scarcity of 20% £339.20 per week (say £340.00)

7. The Tribunal determines a [NAME] of £340.00 per week.

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Decision

8. The uncapped fair [NAME] initially determined by the Tribunal, for the

purposes of section 70, was £340.00 per week. The capped [NAME] for the

property according to the provisions of the [NAME] ([NAME]) Order 1999 is calculated at £219.00 per week. The calculation of

the capped [NAME] is shown on the decision form. In this case the lower [NAME] of £219.00 per week is to be registered as the fair [NAME] or this property.

Chairman: Judge Tagliavini Date: 2 April 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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA