Tribunal sets £1035.23/month rent for assured tenancy in residential area near city centre

OUTCOME: Allowed

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FIRST – TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference : CAM/12UB/F77/2018/0041

Property : 8, [ADDRESS], [POSTCODE]

Tenant : Mr [APPELLANT]

Landlord : [NAME] of Application : Determination of rent under Rent Act 1977

Tribunal Members : [NAME] Valuer Member

Date of Decision : 18 March 2019

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SUMMARY STATEMENT OF REASONS

DECISION The Tribunal determined a Fair Rent of £1035.23 per month.

THE PREMISES: The Tribunal inspected the Property in the presence of the Tenant and found it as described in the Rent Register. The Tribunal noted that the Property is on the second floor and there is no lift, double-glazing has not been provided, secure parking is provided, and the Tenant benefits from solar panels installed on the roof by the Landlord. The Tribunal noted that no curtains, carpets, or furniture had been provided by the Landlord.

CONDITION: External; satisfactory Internal: Dated electric panel heaters, dated kitchen and bathroom fittings. Dated lino flooring provided by Landlord

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SERVICE CHARGE The rent includes a monthly service charge. A Statement of Anticipated Service Charge expenditure for 1/4/18 to 31/3/19 shows the main items being caretaker services, which the Tenant said relates to upkeep of the communal gardens, general maintenance, building insurance premiums, management fee and major works provision. Total anticipated expenditure was £17,422.00. The sum of £445.00, for the whole building (13 flats) for the year, for window cleaning was included – the Tenant said this was no longer carried out.

TENANT’S IMPROVEMENTS: UPVC windows.

LOCATION: In residential area approximately ½ to ¾ mile from city centre. SCARCITY: Assessed at 0%

THE LAW APPLIED: As attached.

OPEN MARKET RENT: Taking into account the Tribunal members’ knowledge and experience, decided at £1250.00 per month for similar property in good condition with modern facilities, carpets, curtains and some white goods, and services provided, excluding window cleaning.

TRIBUNAL’S CALCULATIONS:

Open market rent £1250.00pm less global deduction for condition, lack of modern facilities, carpets and curtains £ 200.00pm Open market rent for subject property £1050.00pm Deduction for scarcity £0.00 £1050.00 pm

THE RENT ACTS (MAXIMUM FAIR RENT)

ORDER 1999: The ‘capped’ rent calculated in accordance with the formula set out in the Order is £1035.23 per month. This is higher than the ‘capped’ rent calculated by the Rent Officer due to a change in the Retail Price Index since the date of the Rent Officer’s determination – the ‘capped’ rent is calculated as at the date of the Tribunal’s determination, using the latest RPI figures at that date.

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DETERMINATION: As the rent determined by the Tribunal is greater than the amount ‘capped’ by the order, the ‘capped’ rent, £1035.23 per month, applies.

Judge Lancaster

Important Note: This is a summary of the Tribunal’s reasons for its decision. Should you require more detailed reasons, they can be supplied but only if a written request for such reasons is received by the Panel Office within 21 days from the receipt of this document. The papers will then be returned to the Chair for such detailed reasons to be prepared.

Caution: For the purpose of reaching a decision the Tribunal inspected the subject property. Such inspection is not a structural survey and only takes a few minutes. Any comments about the condition of the subject property in this Statement of Reasons are made as a result of casual observation rather than a detailed inspection. Please do not rely upon such comments as a guide to the structural condition of the subject property.

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