First-tier Tribunal Sets Fair Rent for Tenant

OUTCOME: Allowed

FR27 e4First-tier Tribunal – Property Chamber File Ref No. LON/00AG/F77/2025/0027

Notice of the Tribunal [NAME] 1977 Schedule 11

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

Judge Tagliavini Mrs S Redmond MRICS

Landlord [APPELLANT]

Tenant Miss [APPELLANT]

1. The fair [NAME] is £1,347.75 Per calendar month (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 £18.77 Per calendar month

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

Service charge is £18.77 per calendar month

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 £ 1,468.50 per calendar month including £ 18.77 per calendar month for services prescribed by the Order.

Chairman Judge Tagliavini

Date of decision 2 April 2025

FR27 [NAME] FIGURE X 394

PREVIOUS RPI FIGURE Y 356.2

X 394 Minus Y 356.2 = (A) 37.8

(A) 37.8 Divided by Y 356.2 = (B) 0.10612

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.15612

Last registered [NAME]* 1270 Multiplied by (C) = 1468.27 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 1468.27

Variable service charge NO If YES add amount for services

[NAME] = £1,468.50 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].

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Case Reference

: LON/00AG/F77/2025/0027

Property : [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] of Objection : 26 November 2024

Type of Application : Section 70, [NAME] 1977

Tribunal

: Judge Tagliavini

Mrs S Redmond MRICS

Date

: 2 April 2025

_______________________________________________

DECISION

The sum of £1,347.75 per calendar month 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 Landlord 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

Landlord.

Determination and Valuation

4. Having consideration of the evidence proved by the parties and our

own expert, general knowledge of rental values in the area, we

consider that the open market [NAME] in its current condition would be in

the region of £2,100 per calendar month. From this level of [NAME] we

have made adjustments of 20% in relation to:

Terms of tenancy

White goods

Curtains and carpets

Dated bathroom

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

6. The valuation is shown below:

[NAME]

£2,100.00 per month

Less 20%

£1,680.00 per month

Less service charges of £18.77

Less scarcity of 20% £1,328.98

Plus service charges £18.77

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[NAME]

£1,347.75

per calendar month

7. The Tribunal determines a [NAME] of £1,347.75 per calendar month.

Decision

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

purposes of section 70, was £1,347.75 per calendar month. The

capped [NAME] for the property according to the provisions of the [NAME] ([NAME]) Order 1999 is calculated at £1,468.50 per calendar month. The calculation of the capped [NAME] is shown on the decision form. In this case the lower [NAME] of £1,347.75 per calendar month is to be registered as the fair [NAME] for 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