First-tier Tribunal sets fair rent for Dartington property

OUTCOME: Allowed in Part

FR27 First-tier Tribunal – Property Chamber File Ref No. HAV/18UG/F77/2026/0002

Notice of the Tribunal [NAME] 1977 Schedule 11

Address of Premises The Tribunal members were: 31 Huxham’s Cross Dartington Totnes Devon [POSTCODE]

[NAME] Miss [RESPONDENT] Mr M [APPELLANT]

Landlord [APPELLANT]

Tenant Mrs [APPELLANT]

1. The fair [NAME] is £720.00 Per Calendar Month (To exclude Water Rates and Council Tax but to include any amounts in paragraphs 3 & 4).

2. The effective date is 26 February 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

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 £725.50 per Calendar Month, with no amount attributable to services (variable), prescribed by the Order.

[NAME] [NAME] of decision 26 February 2026

FR27 [NAME] FIGURE X 408.5

PREVIOUS RPI FIGURE Y 378.0

X 408.5 Minus Y 378.0 = (A) 30.5

(A) 30.5 Divided by Y 378.0 = (B) 0.08069

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.13069

Last registered [NAME]* £641.25 Multiplied by (C) = £725.05 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £725.50

Variable service charge NO If YES add amount for services N/A

[NAME] = £725.50 Per Calendar Month

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/18UG/F77/2026/0002

Property : 31 Huxham’s Cross, Dartington, Totnes, Devon, [POSTCODE]

Applicant landlord : [APPELLANT] : Mr [APPELLANT]

Respondent tenant : Mrs [COUNSEL] : None

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

Tribunal members : Mr [NAME] Miss C [NAME] Mr M E Williams FRICS

Date of consideration : 26 February 2026

Date of decision : 26 February 2026

DECISION

© CROWN COPYRIGHT 2026

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Decision of the Tribunal On 2 6 F e b r u a r y 2 0 2 6 the Tribunal determined a [NAME] of £720.00p (Seven Hundred and Twenty Pounds) per Calendar Month to take effect from 26 February 2026. Background 1. On 21 November 2025 Ms [NAME] of [COMPANY] submitted her application for re-registration of [NAME] (‘RR1’) to the [NAME] to register a fair [NAME] of £785.53 per Calendar Month for 31 Huxham’s Cross, Dartington, Totnes, Devon, [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 £641.25 per Calendar Month, effective from 18 February 2024.

4. At paragraph 12 of the RR1, the [NAME] now is stated as £641.25 per Calendar Month.

5. A new [NAME] of £665.00 per Calendar Month was registered by the [NAME], effective from 18 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 12 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 23 January 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 Mr [RESPONDENT] for the landlord has given a Statement in accordance with the Tribunal’s Directions, Mrs [NAME] has not given a Statement. The Property 12. 31 Huxham’s Cross is described in the [NAME] as a semi-detached bungalow, circa 1945-1964 with accommodation comprising, ground floor - four rooms, one kitchen, one bathroom/WC and outside – car space, stores and garden.

13. From the photographs provided in the bundle and the EPC register, the Tribunal understands the property is of timber framed construction, with part-pitched roof, albeit mainly flat roof.

14. Huxham’s Cross is located to the north of Dartington and to the east of the A384. The Tenancy Agreement 15. The Tribunal has not been provided with a copy of the tenancy agreement, although from the RR1 it is understood to have commenced on 13 November 1961.

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 by Ms [RESPONDENT] for the landlord, Mr [RESPONDENT] submitted his Statement on 3 February 2026. Mr [NAME] confirms the information in the [NAME] is accurate, other than the [NAME]. Mr [NAME]

19. Mr [NAME] description of the property aligns with that of the [NAME].

20. Under ‘Features’, Mr [RESPONDENT] says the landlord has provided electric storage heaters, double glazing and goes on to add there is off-street parking and a private garden.

21. Under ‘Improvements’, Mr [NAME] says none other than stated under Features and adds the property was re-roofed in 2021/2022.

22. Under ‘Disrepair/Defects’ Mr [RESPONDENT] says, (a) the landlord is not aware of any disrepairs/defects, and (b) the bathroom and kitchen are in average condition.

23. Under ‘Any Other Comments’ Mr [RESPONDENT] says see landlord’s attached comments and comparables.

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24. In his notes Mr [NAME] says, inter alia, the property is in a rural setting, half a mile from Dartington and he goes on to say the property is in an average to good condition.

25. Mr [NAME] has provided the Tribunal with both comparable evidence and his valuation of the market [NAME], with adjustments. The comparable lettings evidence is set out in a schedule and comprises 15 (fifteen) properties. Outline lettings’ particulars have been provided for the balance, which include external photographs. Under column heading ‘Let at pcm’ the range of rental values is from £1,000 per calendar month to £2,000 per calendar month, and under column heading ‘When’ from March 2025 to January 2026.

26. Each comparable letting has been analysed on a pounds per square metre (‘£ psm’) basis, which results in a range from £10.87 psm to £21.66 psm, with an average of £14.74 psm. Mr [NAME] says the areas of each property have been taken from the EPC register to ensure consistency. To reach his assessment of the market [NAME], Mr [NAME] has applied the average £14.74 psm to 76 square metres being the area he has drawn down for the property - £14.74 psm times 76 square metres to equal a market [NAME] of £1,120.24 (£1,120 when rounded down) per calendar month.

27. Mr [NAME] acknowledges the schedule contains properties of superior quality to the subject and goes on to make the following adjustments, in outline: (1) tenant’s decorations - £35 pcm, (2) floor covering and curtains - £40 pcm, (3) better condition of the open market lettings - £100 pcm, (4) White Goods - £25 pcm, and (5) lack of central heating - £50 pcm. In aggregate, a deduction of £250 pcm. Mr [NAME] goes on to say the net [NAME] should be £870 per month (£1,120 pcm minus £250 pcm, to equal £870 pcm).

28. Mr [NAME] does not comment on whether the Order is to apply and goes on to say he believes there is an adequate supply of property in the area and therefore scarcity should not apply in this case. 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 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

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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).

29. 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.

30. 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.

31. 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.

32. 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.’ 33. 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 repairing obligations; the tenant is responsible for internal decorations. Considerations and Valuation 34. 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.

35. In the first instance the Tribunal determined the market [NAME] per calendar month the landlord could reasonably expect to receive on the

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valuation date, 26 February 2026, on the assumptions the property was in good condition, with carpets (flooring coverings), curtains and white goods provided by the landlord.

36. The Tribunal has been provided with a screen shot of the [NAME]’s comparable lettings of detached and semi-detached properties with four rooms in the TQ9 and adjacent postcodes. The market rents range from £825.00 per month up to £1,850.00 per month, with a date range from January 2025 to December 2025. No further information has been provided. The Tribunal has also been provided with a screen shot of the [NAME]’s ‘Determination’, which includes adjustments from the market [NAME] for the unmodernised kitchen and unmodernised bathroom, inter alia.

37. In addition, the Tribunal has been provided with Mr [NAME] comparable lettings’ evidence and his valuation, with adjustments, to value the fair [NAME].

38. 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 £1,000 per calendar month, before any adjustment(s) which it deemed appropriate to be applied.

39. 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 central heating (albeit there are electric heaters), (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.

40. The Tribunal concluded a deduction in aggregate of £280 per calendar month be applied to the market [NAME], made up of as follows:

No Central Heating £75 No Carpets (floor coverings) and Curtains £50 White Goods £30 Internal decorations’ obligation £25 An unmodernised kitchen £50 An unmodernised bathroom/WC £50 £ Per Calendar Month £280 41. £1,000 per calendar month minus £280 per calendar month to equal £720 per calendar month.

42. Turning to the question of scarcity, that is whether demand for such properties exceeds the supply, Mr [NAME] says there is an adequate supply of property in the area and therefore scarcity should not apply. The [NAME] has made a deduction from its adjusted market [NAME] of 5% for the same. 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

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[NAME] is £720.00p per Calendar Month.

43. The Tribunal is required to calculate the maximum fair [NAME] prescribed by the Order in which the sum attributable to services is ‘nil’. The Tribunal has calculated the maximum fair [NAME] prescribed by the Order to equal £725.50p (Seven Hundred and Twenty-Five Pounds and Fifty Pence) per Calendar Month when rounded up to the nearest 50 (Fifty) pence. Decision 44.

Accordingly, the Tribunal determined the [NAME] of the property to be re-registered at £720.00p (Seven Hundred and Twenty Pounds) per Calendar Month to take effect from 26 February 2026.

45. The capping provisions of the [NAME] ([NAME]) Order 1999 do not apply because the [NAME] determined at paragraph 41 above is less than that prescribed by the Order.

RIGHTS OF APPEAL

1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making a written application by email to [EMAIL] to the First-tier Tribunal at the Regional office 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.