First-tier Tribunal sets fair rent for Bristol flat

OUTCOME: Dismissed

FR27 First-tier Tribunal – Property Chamber File Ref No. HAV/00HB/F77/2026/0003

Notice of the Tribunal [NAME] 1977 Schedule 11

Address of Premises The Tribunal members were: 16C, [ADDRESS] [POSTCODE]

[NAME] Mr [RESPONDENT] [RESPONDENT]

[APPELLANT]

Tenant Mrs [APPELLANT]

1. The fair [NAME] is £3,465.00 Per Quarter (To exclude Water Rates and Council Tax but to include any amounts in paragraphs 3 & 4).

2. The effective date is 25 March 2026

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 [NAME] allowance is

n/a Per n/a

not applicable

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

6. The capping provisions of the [NAME] ([NAME]) Order 1999 do not apply (please see calculation overleaf).

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

Outside: Shed.

8. For information only:

The fair [NAME] to be registered is not limited by the [NAME] ([NAME]) Order 1999, because it is below the maximum fair [NAME] of £3,658.50 per Quarter (with no sum attributable to services (variable)) prescribed by the Order.

[NAME] [NAME] of decision 25 March 2026

FR27 [NAME] FIGURE X 406.4

PREVIOUS RPI FIGURE Y 378.0

X 406.4 Minus Y 378.0 = (A) 28.4

(A) 28.4 Divided by Y 378.0 = (B) 0.07513

First application for re-registration since 1 February 1999 - NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.12513

Last registered [NAME]* £3,251.25 Multiplied by (C) = £3,658.09 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £3,658.50

Variable service charge NO If YES add amount for services

[NAME] = £3,658.50 Per Quarter

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].

1

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case reference : HAV/00HB/F77/2026/0003

Property : 16C, [ADDRESS], [POSTCODE]

Applicant landlord : [APPELLANT] : Ms [APPELLANT]

[NAME] : Mrs [COUNSEL] : None

Type of application : Determination of a [NAME] 70, [NAME] 1977

Tribunal members : Mr [NAME] G [NAME] [NAME] of consideration : 25 March 2026

Date of decision : 25 March 2026

DECISION

© CROWN COPYRIGHT 2026

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Decision of the Tribunal On 2 5 M a r c h 2 0 2 6 the Tribunal determined a [NAME] of £3,465.00p (Three Thousand Four Hundred and Sixty-Five Pounds) per Quarter to take effect from 25 March 2026. Background 1. On 28 November 2025 Ms [NAME] of [COMPANY] submitted her application for re-registration of [NAME] (‘RR1’) to the [NAME] to register a fair [NAME] of £3,800 per Quarter for 16C, [ADDRESS], [POSTCODE] (‘the property’).

2. At paragraph 8 of the RR1 it is confirmed there are no services provided under the tenancy. Similarly, in paragraph 10 it is confirmed there is no furniture provided.

3. This was an application to re-register the fair [NAME] from its previous registration of [NAME] for the property by the [NAME] of £3,251.25p per Quarter, effective from 11 February 2024.

4. At paragraph 12 of the RR1, the [NAME] now is stated as £3,251.25p per Quarter.

5. A new [NAME] of £3,320.25p per Quarter was registered by the [NAME], effective from 11 February 2026. The amounts for (d) Amount for fuel charges (excluding heating and lighting of common parts) not counting for [NAME] allowance and for (e) Noted amount attributable to services are both blank.

6. In an email dated 18 January 2026 to The Valuation Office Agency (‘[NAME]’) (sent to [NAME] ([NAME])) Ms [RESPONDENT] submitted the landlord’s objection to the new [NAME] registered and the matter was referred to the First-Tier Tribunal Property Chamber (Residential Property), formerly a [NAME].

7. The Tribunal issued Directions dated 10 February 2026. The Tribunal does not consider it necessary and proportionate in cases of this nature neither to undertake an inspection, nor to hold a Tribunal hearing unless either are specifically requested by either party or a particular point arises which merits such an inspection and/or hearing.

8. The Tribunal in its Directions informed the parties that, unless either party objected, the Tribunal intended to determine the [NAME] on the papers (written representations), paragraph 5.

9. Similarly, the parties were informed the Tribunal will not inspect the property but will seek to view it on the internet; and goes on to say if it considers it necessary, it may carry out an external inspection, paragraph 6.

10. The parties were directed to complete and return their [NAME] (‘Statement’) to form their statement of case, within specific time limits, paragraphs 8 – 12 inclusive. The Statement provides for photographs to be attached, to assist the Tribunal to understand the case and to help the party to present the issues.

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11. Whereas Ms [RESPONDENT] for the landlord has given a Statement in accordance with the Tribunal’s Directions, Mrs [NAME] has not given a Statement. However, Mrs [NAME] wrote to the [NAME] with respect to the application, her letter is dated 17 December 2025. The Property 12. 16C, [ADDRESS] is described in the [NAME] as a self-contained flat, circa 1800-1918 with accommodation comprising, first floor – three rooms, one kitchen-diner and one bathroom/WC. The landlord has confirmed in her Statement outside there is a shed, which is not listed in the [NAME].

13. From its view of the property on the internet, [ADDRESS] is of brick construction with a pitched tiled roof. Ms [NAME] has provided the Tribunal with a floor plan of the property. 14. [ADDRESS] runs in between St John’s Road and [ADDRESS], to the southeast of Clifton Down. The Tenancy Agreement 15. The Tribunal has been provided with a copy of the tenancy agreement of the first floor flat, [ADDRESS], between [NAME] and [NAME], dated 25 August 1978. The term is from 25 August 1978 to 25 August 1981 at [NAME] of £157.50 per Quarter.

16. The tenant is responsible for the payment of Council Tax and Water Rates. Section 11 of the Landlord and Tenant Act 1985 (‘the 1985 Act’) applies. The tenant is responsible for internal decorations. The landlord is responsible for repairs and external decorations. Neither furniture nor any services are provided under the tenancy. [NAME]

17. The Tribunal has considered the case de novo (from anew) and has limited its considerations to reach its decision to those points in the papers relevant to the determination of the fair [NAME].

18. In addition to the RR1 submitted for the landlord, Ms [RESPONDENT] submitted her Statement on 21 February 2026. Ms [NAME] says the information in the [NAME] is accurate, other than the [NAME] although she refers to a ‘lockable storage shed’ which is not listed in the RR1. Ms [NAME]

19. Ms [NAME] description of the property aligns with that of the [NAME] and adds there is a lockable storage shed.

20. Under ‘Features’, Ms [RESPONDENT] says the landlord has provided central heating and a cooker and goes on to say there is a garage and parking space by separate arrangement and there is a small garden in front of the property.

21. Under ‘Improvements’, Ms [NAME] says a new boiler was installed in February 2023 and in 2025 a significant amount of work was done on

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the roof, costing in excess of £30,000. At this juncture the Tribunal notes the works listed are not improvements within the meaning of the legislation, they are repairs and maintenance of the property which are the responsibility of the landlord in any event.

22. Under ‘Disrepair/Defects’ Ms [RESPONDENT] says the installations in the flat have not been updated recently but are fully serviceable and there are no outstanding repairs. Under ‘Any Other Comments’ Ms [NAME] says the property is situated in a quiet residential location in central Bristol and has excellent access to nearby shops, restaurants and transport links.

23. Whereas Ms [NAME] has provided the Tribunal with both comparable evidence and her assessment of the fair [NAME] of £3,500.00p per Quarter (£1,166.60p per calendar month), she has neither provided the Tribunal with her assessment of the market [NAME] of the property nor the adjustments made to the same to reach her assessment of the fair [NAME].

24. Ms [NAME] says there are three other flats in the block with rental values ranging between £1,400 per calendar month and £1,900 per calendar month but she does not provide any further details thereon. Ms [NAME] goes on to say on Rightmove the starting price to [NAME] a similar two- bedroom property in the Clifton area is £1,400 per calendar month, and that comparable properties from [NAME] range from £1,450 per calendar month to £1,700 per calendar month. Ms [NAME] has provided the Tribunal with a single sheet Best Price Guide of the six properties referred to from [NAME].

25. Ms [NAME] has provided the Tribunal with her computation for the maximum fair [NAME] prescribed by the Order - £3,667.00p (rounded up to the nearest 50p).

26. Under ‘Whether the demand for such properties exceeds supply’, Ms [NAME] says properties in the area are always in demand and refers to the six properties from [NAME] and that there were several offers made on the two flats in [ADDRESS]. Mrs [NAME] letter to the [NAME] dated 17 December 2025 27. In her letter Mrs [NAME] says she has lived in the property since August 1978 and goes on to confirm that at the time of drafting external repairs were being carried out on the roof and guttering, which are the first significant external structural repairs carried out in many years. Mrs [NAME] concludes to say the property has been inspected a number of times over the years and there are no major changes or cause for concern inside. The Law When determining a fair [NAME], the Tribunal, in accordance with the [NAME] 1977 (‘the Act’), 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 any other defect attributable to the tenant or any predecessor in title under the regulated tenancy, on the

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rental value of the property. [COMPANY] v [NAME] of the Greater Manchester & [NAME] (1995) 28 HLR 107 and [NAME] v [NAME] [1999] QB 92 the Court of Appeal emphasised: (a) that ordinarily a fair [NAME] is the market [NAME] for the property discounted for 'scarcity' (i.e. that element, if any, of the market [NAME], 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 [NAME] - to that of the regulated tenancy) and (b) that for the purposes of determining the market [NAME], assured tenancy (market) rents are usually appropriate comparable lettings. (These rents may have to be adjusted where necessary to reflect any relevant differences between those comparable lettings and the subject property).

28. Section 72A - Amounts attributable to services: In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992 or to assist the Secretary of State in the administration of universal credit, where a [NAME] is registered, there shall be noted on the register the amount (if any) of the registered [NAME] which, in the opinion of the [NAME] officer or appropriate tribunal, is fairly attributable to the provision of services, except any amount which is negligible in the opinion of the officer or, as the case may be, the tribunal.

29. The Tribunal is also to have regard to the [NAME] ([NAME]) Order 1999 (‘the Order’), where applicable. Most objections and determinations of registered rents are now subject to the Order, which limits the amount of [NAME] that can be charged by linking increases to the Retail Price Index (‘RPI’). It is the duty of the Property Tribunal to arrive at a fair [NAME] under section 70 of the Act, but in addition to calculate the maximum fair [NAME] which can be registered according to the rules of the Order.

30. If that maximum [NAME] is below the fair [NAME] calculated as above, then that (maximum) sum must be registered as the fair [NAME] for the subject property.

31. Section 2(7) of the Order is as follows, ‘This article does not apply in respect of a dwelling-house if because of a change in the condition of the dwelling-house or the common parts as a result of repairs or improvements (including the replacement of any fixture or fitting) carried out by the landlord or a superior landlord, the [NAME] that is determined in response to an application for registration of a new [NAME] under Part IV exceeds by at least 15% the previous [NAME] registered or confirmed.’ The Tribunal expands on this later.

32. The tenancy is a statutory (protected) periodic tenancy and as such (not being for a fixed tenancy of 7 years or more) is subject to section 11 of the Landlord and Tenant Act 1985, which sets out the landlord’s statutory

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repairing obligations; the tenant is responsible for internal decorations. Considerations and Valuation 33. Having reviewed the papers, the Tribunal first considered whether it felt able to decide this case reasonably and fairly based on the papers submitted only, with neither an inspection, nor an oral hearing. Having read and considered the papers the Tribunal decided it could do so.

34. In the first instance the Tribunal determined the market [NAME] per calendar month which the landlord could reasonably expect to receive on the valuation date, 25 March 2026, on the assumptions the property was in good condition, with carpets (flooring coverings), curtains and white goods provided by the landlord.

35. The Tribunal has been provided with a screenshot of the [NAME]’s comparable lettings of twenty-four (24) self-contained, purpose-built flats with three rooms in the BS8 postcode. The market rents range from £1,025 per Month up to £2,100 per Month. The date range is from May 2025 to December 2025.

36. In addition, whereas the Tribunal has been provided with Ms [NAME] comparable lettings’ evidence, she has not provided her assessment of the market [NAME].

37. Taking the above into consideration and of its own general knowledge of market rents in the area, at the valuation date, the Tribunal determined the market [NAME] of the property to be £1,450 per calendar month, before any adjustment(s) which it deemed appropriate to be applied.

38. From the submissions given by the parties, the information provided by the [NAME] in its ‘Determination’ screen shot, the Tribunal has determined adjustments are required to be applied to the market [NAME] to reflect: (1) no double glazing, (2) no carpets (floor coverings) and curtains, (3) the tenant’s provision of the White Goods, (4) the tenant’s internal decorations’ obligation, (5) the unmodernised kitchen, and (6) the unmodernised bathroom/WC.

39. The Tribunal concluded a deduction in aggregate of £295 per calendar month be applied to the market [NAME], made up of as follows:

No Double Glazing £50 No Carpets (floor coverings) and Curtains £75 White Goods £45 Internal decorations’ obligation £25 An unmodernised kitchen £50 An unmodernised bathroom/WC £50 £ Per Calendar Month £295 40. £1,450 per calendar month minus £295 per calendar month to equal £1,155 per calendar month (to equal, £3,465.00 per Quarter).

41. Turning to the question of scarcity, that is whether demand for such

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properties exceeds the supply, whereas Ms [NAME] confirms there is demand for comparable properties in the area, she does not address the valuation question in the context of the legislation. The [NAME] has made a deduction for scarcity from its adjusted market [NAME] of £174.75p per Quarter (5%). With its general knowledge of the lettings market in the area, the Tribunal has concluded there is no adjustment required for scarcity in this registration of fair [NAME].

Accordingly, the uncapped fair [NAME] is £3,465.00 per Quarter.

42. The Tribunal is required to calculate the maximum fair [NAME] prescribed by the Order in which the sum attributable to services in this application is ‘nil’. The Tribunal has calculated the maximum fair [NAME] prescribed by the Order to equal £3,658.50p (Three Thousand, Six Hundred and Fifty- Eight Pounds and Fifty Pence) per Quarter, when rounded up to the nearest 50 (Fifty) pence. Decision 43.

Accordingly, the Tribunal determined the [NAME] of the property to be re-registered at £3,465.00p (Three Thousand Four Hundred and Sixty-Five Pounds) per Quarter, to take effect from 25 March 2026.

44. The capping provisions of the [NAME] ([NAME]) Order 1999 do not apply because the [NAME] determined at paragraph 40 above is below than that prescribed by the Order.

RIGHTS OF APPEAL

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

2. 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.

3. If the person wishing to appeal does not comply with the 28 days’ 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 days’ time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4. 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.