First-tier Tribunal Determines Fair Rent Under Rent Act 1977

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BK/F77/2024/0018

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

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

[NAME] [NAME]

Landlord [APPELLANT] limited

Tenant Mrs [APPELLANT]

1. The fair rent is £29952.00 Per Year (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 16 April 2024

3. The amount for services is £1147.32 Per Year

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

Per

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:

(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 £36100.00 per year including £1147.32 per year for services prescribed by the Order.

[NAME] of decision 16 April 2024

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 381

PREVIOUS RPI FIGURE Y 314.3

X 381 Minus Y 314.3 = (A) 66.7

(A) 66.7 Divided by Y 314.3 = (B) 0.21222

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) 1.26222

Last registered rent* 28600.00 Multiplied by (C) = 36099.42 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 36100.00

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £36100.00 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 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

: TR/LON/00BK/F77/2024/0018

Property : [ADDRESS], [POSTCODE]

Tenant

: Mrs [APPELLANT]

Landlord : [APPELLANT] limited

Date of Objection : 4 December 2023

Type of Application : Section 70, Rent Act 1977

Tribunal

: Mr [NAME] [NAME] of Summary Reasons

: 16 April 2024

_______________________________________________

DECISION

The sum of £29952.00 per year will be registered as the fair rent with effect from 16 April 2024, 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.

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 considered the written submissions provided by the Tenant and the Landlord.

4. The Tenant’s evidence consisted of photographs of disrepair, especially to windows and videos showing considerable damage from water coming from the flat above.

5. The Landlord acknowledged the water leak from a flat it does not control and repairs are being carried out under an insurance claim. A claim for loss of rent has not been settled.

Determination and Valuation

6. In the absence of comparable rental information from the parties the tribunal has relied on its own expert, general knowledge of rental values in the area, and considers that the open market rent for the property in the condition and with the amenities the market would expect would be in the region of £78,000 per year. From this level of rent we have made adjustments in relation to:

a. The tenants decorating liability b. Disrepair c. Dated kitchen and bathroom fittings d. No carpets curtains or white goods

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

8. The full valuation is shown below:

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9. The Tribunal determines a s70 rent of £29,952.00 per year and this equates to £2496.00 per calendar month.

Decision

10. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £29952.00 per year. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £36100.00 per year. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £29,952.00 per year is to be registered as the fair rent or this property.

Chairman: [NAME]: 16 April 2024

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

Fair rent PA Market rent 78,000.00 £ less condition & terms 52% 40,560.00 -£ adjusted rent 37,440.00 £ less scarcity off adj rent 20% 7,488.00 -£ Fair rent 29,952.00 £