First-tier Tribunal Sets Capped Fair Rent for Property

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AW/F77/2023/0287

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 82D [ADDRESS], [POSTCODE]

Judge Prof R [NAME] MA MRICS

Landlord [NAME]

Tenant Mrs [APPELLANT]

1. The fair rent is 161.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 20 November 2023

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 rent allowance is

0.00 Per

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)

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 £400 per week.

Chairman Prof R Percival Date of decision 20 November 2023

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 378.4

PREVIOUS RPI FIGURE Y 280.7

X 378.4 Minus Y 280.7 = (A) 97.7

(A) 97.7 Divided by Y 280.7 = (B) 0.348058

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) 1.398058

Last registered rent* 115 Multiplied by (C) = 160.75 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 161

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £161 Per week

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

: LON/00AY/F77/2023/0262

Property : 82D [ADDRESS] [POSTCODE]

Tenant

: Mrs [APPELLANT]

Landlord : [NAME] of Objection : 21 June 2023

Type of Application : Section 70, Rent Act 1977

Tribunal

: Judge Professor R [NAME] MA MRICS

Date of Summary Reasons

: 20 November 2023

_______________________________________________

DECISION

The sum of £161 per calendar week will be registered as the fair rent with effect from 20 November 2023, 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, having not been requested to do so, but considered this case on the basis of the papers provided by the parties.

Evidence 3. Included in the tenant’s objection letter made on her behalf by [APPELLANT], her son and carer. there was a statement to the effect that his mother was an invalid and could not afford the increase of som e 60%. although he recognised some increase was due. Also he felt the flat was being singled out. In correspondence , he outlined the disrepair in the property and mentioned the store as being in accessible. No comparables were provided. The landlord provided no evidence.

Determination and Valuation 4. Having consideration of our own expert, general knowledge of rental values in the North Kensington/ [ADDRESS] area area, we consider that the open market rent for the Property in its current condition , having regard to the assertions of disrepair would be in the region of £400 week.

5. The Tribunal has made an adjustment for scarcity.

6. The full valuation is shown below:

Market Rent per calendar week

£560

Less disrepair

£ 56 £504

Scarcity

at 20% £100.80 £403.20 say £400

7. The above figure of £ per week is the uncapped amount. However, capping applies in this case, and the capped rent for the Property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £979 per calendar month. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £161 per week is to be registered as the fair rent or this property.

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Chair:

Judge Prof R Percival

Date:

7 November 2023

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