Tribunal Sets Fair Rent for Property Under Rent Act 1977

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AW/F77/2024/0145

Notice of the Tribunal [NAME] 1977 Schedule 11

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

[NAME]

[RESPONDENT] [NAME]

[APPELLANT] [NAME]

1. The fair [NAME] is £147.50 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 25th June 2024

3. The amount for services is 16.69 Per Week

4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for [NAME] allowance is

not applicable Per

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).

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

8. For information only:

(a) The fair [NAME] to be registered is the maximum fair [NAME] as prescribed by the [NAME] ([NAME]) Order 1999. The [NAME] that would otherwise have been registered was £221.28 per week including £16.69 per week for services.

Chairman [NAME] of decision 25th JUNE 2024

FR24 [NAME] FIGURE X 385

PREVIOUS RPI FIGURE Y 245.6

X 385 Minus Y 245.6 = (A) 139.4

(A) 139.4 Divided by Y 245.6 = (B) .56758958

First [NAME] for re-registration since 1 February 1999 YES/NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.61758958

Last registered [NAME]* 91.18 Multiplied by (C) = 1.61758958 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £147.50

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

[NAME] = £147.50 Per Week

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 [NAME] was the first since 1 February 1999) or 5% (if it is a second or subsequent [NAME] 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 [NAME] of the formula is ascertained the service charge is then added to that sum in order to produce the maximum fair [NAME].

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference : LON/00AW/F77/2024/0145

Hearing Type : [ADDRESS] of Written Representations

Property : [ADDRESS] [POSTCODE]

Applicant: [redacted]

Respondent: [redacted] : Referral of a Registration of [NAME] under the [NAME] 1977

Tribunal Member : [NAME], FIRPM

Valuer Chairman

Date of Hearing : 25th June 2024.

Date of Inspection : Not applicable.

Date of Decision : 25th June 2024.

Date of Reasons : 28th June 2024.

FULL REASONS

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REASONS

Background

1. On 19th October 2023 the [RESPONDENT] sent an RR1 [NAME] for [NAME] registration of a fair [NAME] to the [NAME]. The previous [NAME] was determined by the [NAME] on 14th November 2012 at £91.18 per week.

2. On 19th December 2023 the [NAME] registered a fair [NAME] of £143.19 per week effective from 19th December 2023.

3. In a letter dated 13th November 2023 the [APPELLANT] requested that the valuation officer make an inspection of the property . After publication of the [NAME] officers decision on 24th January 2024 the [APPELLANT] objected to the Valuation Officer’s registration on the basis that they had not undertaken an inspection of the property.

4. On 2nd May 2024, the Tribunal issued directions to the parties requiring them to produce any evidence on which they wish to rely in support of their respective cases including by use of a reply form. The matter was set down for determination on the papers unless either party requested a hearing which neither did. The [RESPONDENT] was directed to return the reply form with any documents upon which it wished to rely by 16th May 2024. The [APPELLANT] was directed to do likewise by 30th May 2024 with the [RESPONDENT] given further opportunity to respond by 6th June 2024.

5. In consideration of the fair rental value of the subject property, the Tribunal has taken into consideration all documentation before it, including various letters and the reply forms returned by the parties.

6. In a letter dated 13th November 2023 and a subsequent letter dated 24th January 2024, the [APPELLANT] submitted that the assessment of the property by the Valuation Officer has been made on the wrong basis.

7. In particular, the [APPELLANT] pointed out that the property was in a bad state of repair and not fit for habitation. They object to the registration of the [NAME] on the basis that the property was not inspected and highlighted the properties poor condition disrepair and safety issues .

8. No submissions were received from the [RESPONDENT].

9. It is noted that the [APPELLANT] is responsible for repair and maintenance as detailed within Section 11 of the [RESPONDENT] & [APPELLANT] 1985.

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10. After an examination of the documentation and in particular a review of the maximum fair calculation compared to the market rental calculation taking account of considerable disrepair; the Tribunal reached the conclusion that an inspection of the property was unnecessary and would be a disproportional use of Tribunal time.

11. On 25th June 2024, on the basis of paper submissions and without a hearing, the Tribunal determined the fair [NAME] of the above property at £147.50 per week.

The Law

12. When determining a fair [NAME] the Tribunal in accordance with the [NAME] 1977 Section 70, had regard to all the circumstances (other than personal circumstances) including the age, location and state of repair of the property. Section 70 is set out in the Appendix below.

13. In [COMPANY] vs Chairman of the Greater Manchester, etc. Tribunal (1995) 24HLR 107 and Curtis vs [NAME] Tribunal (1999) QB92 the Court of Appeal emphasised that ordinarily a fair [NAME] is the market [NAME] for the property discounted for “scarcity” (i.e. that element of 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 that for the purpose of determining market [NAME], assured tenancy (market) rents are usually appropriate comparables (these rents may have to be adjusted where necessary to reflect any relevant differences between those comparables and the subject property).

The Property

14. From Google Maps and information included on the [NAME] register as well as information provided by the parties, the Tribunal were able to determine the following :

The property comprises a self-contained flat in a property originally believed to have been built circa 1900 and subsequently converted.

From the [NAME] register the flat is understood to comprise :

A lounge, bedroom, kitchen and bathroom/WC.

The flat is in a busy and popular location well placed for transport and shopping facilities.

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Valuation

15. From [COMPANY] vs Chairman of the Greater Manchester etc. Tribunal, other registered rents are not relevant as a starting point because they are not market rents.

16. The Tribunal must first determine the market [NAME] for the property of this size, in this location and in its current condition. It must also disregard the personal circumstances of either party. The Tribunal notes that the [NAME] adopted a starting point of £450 per week. Using its own general knowledge of the Greater London property market, the Tribunal disagrees with the [NAME] and considers that the market [NAME] for the property of this size and in this location, in good condition, with the usual white goods, carpets and decorated to a good condition would be £461 per week. However, all white goods, carpets and curtains are presumed to be the property of the [APPELLANT]. In addition, a [APPELLANT] of a [NAME] property has more onerous repairing obligations than those under an assured shorthold tenancy.

17. Lastly the Tribunal is mindful of the fact that there are differences in the condition of the subject property and property that is available to let on the market .

18. The Tribunal therefore made the following deductions from the market [NAME] of £461 per week to reflect those differences:

[NAME] £461.00 pw

Less deductions for: • [APPELLANT]’s decorative and repairing liability • No white goods • No floor coverings • Account has also been taken for the potential disrepair damp and antiquity of facilities

Less 40% = £184.40pw

[NAME] £276.60pw

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19. The Tribunal found that there was substantial scarcity in the locality of Greater London, having taken judicial notice of long housing association and local authority waiting lists in Greater London. It therefore made a deduction in respect of scarcity of 20% (£55.32 per week) from the adjusted market [NAME] to reflect this element. This left a final rental figure of £221.28 per week.

20. The Tribunal is then required to apply the [NAME] ([NAME]) Order 1999. The calculation was included on the decision sheet and produced a maximum fair [NAME] of £147.50 per week.

21. The Tribunal must register the lower of the adjusted market [NAME] or maximum fair [NAME] as the fair [NAME] for the property. In this instance the maximum fair [NAME] produces a lower figure, and the Tribunal therefore registered the [NAME] at £147.50 per week with effect from 25th June 2024 being the date of the Tribunal decision.

Name: Mr [NAME], FIRPM

Date: 28th June 2024

ANNEX – RIGHTS OF APPEAL

The Tribunal is required to set out rights of appeal against its Decision by virtue of the Rule 36(2)(c) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and these are set out below:

If a party wishes to appeal against this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case

The [NAME] for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the Decision to the [NAME].

If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit.

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The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property, and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking.

[NAME] 1977

Section 70 Determination of [NAME]

(1) In determining, for the purpose of this part of this Act, what [NAME] is or would be a fair [NAME] under a regulated tenancy of a dwellinghouse, regard shall be had to all the circumstances (other than personal circumstances) and, in particular, to –

(a) the age, character, locality and state of repair of the dwellinghouse…F1

(b) if any furniture is provided for use under the tenancy, the quantity, quality and condition of the furniture (F2 and)

(c) (F2(c)) any premium, or sum in the nature of a premium, which has been or may be lawfully required or received on the grant, renewal, continuance or assignment of the tenancy)

(2) For the purpose of the determination, it shall be assumed that the number of persons seeking to become tenants of similar dwelling-houses in the locality on the terms (other than those relating to [NAME]) of the regulated tenancy is not substantially greater than the number of such dwelling-houses in the locality which are available for letting on such terms.

(3) There shall be disregarded:

(a) any disrepair or other defect attributable to a failure by the [APPELLANT] under the regulated tenancy or any [NAME] to comply with any terms thereof;

(b) any improvement carried out, otherwise than in pursuance of the terms of the tenancy; by the [APPELLANT] under the regulated tenancy or any [NAME];

(c) (d)………………………………………………………………………F3

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(d) If any furniture is provided for use under the regulated tenancy, any improvement to the furniture by the [APPELLANT] under the regulated tenancy or any [NAME] in [NAME] of theirs or, as the case may be, any deterioration in the condition of the furniture due to any ill-treatment by the [APPELLANT], any person residing or lodging with them, or any sub-[APPELLANT] of theirs.

(e) F4 [(3a) in any case where under Part 1 of the Local Government Finance Act 1992 the [RESPONDENT] or a superior [RESPONDENT] is liable to pay Council Tax in respect of a hereditament (“the relevant hereditament”) of which the dwelling-house forms part, regard shall also be had to the amount of Council Tax which, as at the date on which the [NAME] to the [NAME] officer was made, was set by the billing authority –

(a) for the financial year in which that [NAME] was made, and

(b) for the category of dwelling within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of Council Tax payable shall be disregarded.

(3b) In subsection (3a) above –

“hereditament” means a dwelling within the meaning of Part 1 of the Local Government Finance Act 1992.

“billing authority” has the same meaning as in that part of the Act, and

“category of dwellings” has the same meaning as in Section 30(1) and (2) of that Act.]

(4) In this section “improvement” includes the replacement of any fixture or fitting.

[F5 (4a) in this section “premium” has the same meaning as in part IX of this Act and “sum in the nature of a premium” means –

(a) any such loan as is mentioned in Section 119 or 120 of this Act,

(b) any such excess over the reasonable price of furniture as is mentioned in Section 123 of this Act, and

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(c) Any such advance payment or [NAME] as is mentioned in Section 126 of this Act.]

(5) ………………………………………………………………………………….