Tribunal Sets Fair Rent for Regulated Tenancy

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. GB/LON/00BJ/F77/2024/0119

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

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

[NAME] [NAME] Mr [APPELLANT] JP

Landlord [NAME] Mr [APPELLANT]

1. The fair rent is 262.77 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 20 June 2024

3. The amount for services is 11.27 Per Week

negligible/not applicable

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

0.00 Per n/a

not applicable

5. The rent is to be registered as variable.

6. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf)

7. Details (other than rent) where different from Rent Register entry

8. For information only:

(a) The fair rent to be registered is the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The rent that would otherwise have been registered was £ 352.00 per week including £ 11.27 per week for services (variable).

[NAME] of decision 20 June 2024

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 385

PREVIOUS RPI FIGURE Y 312

X 385 Minus Y 312 = (A) 73

(A)

Divided by Y

= (B) 0.23397

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.28397

Last registered rent* 195.50 Multiplied by (C) = 251.02 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 251.50

Variable service charge YES If YES add amount for services 11.27

MAXIMUM FAIR RENT = £262.77 Per week

Explanatory Note

1. The calculation of the maximum fair rent, in accordance with the formula contained in the Order, is set out above.

2. In summary, the formula provides for the maximum fair rent to be calculated by:

(a) increasing the previous registered rent 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 rent determination was made.

4. The process differs where the tenancy agreement contains a variable service charge and the rent is to be registered as variable under section 71(4) of the Rent Act 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 rent.

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Case Reference : GB/LON/00BJ/F77/2024/0119

Property : [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [NAME] of Objection : 20 June 2024

Type of Application : Section 70, Rent Act 1977

Tribunal

: Mr [NAME] [NAME]

Mr [NAME] JP

Date of Reasons

: 20 June 2024

_______________________________________________

DECISION

The sum of £262.77 per week including variable services of £11.27 per week will be registered as the fair rent with effect from 20 June 2024, being the date the Tribunal made the Decision. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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REASONS

Background

1. The property was previously the subject of a registered rent of £206.24 per week including £10.74 services (variable) registered on 26 October 2021 and effective from the same date.

2. Following an application by the landlord the rent was registered on and effective from 4 January 2024 at £257.77 per week including £11.27 services (variable) with an uncapped rent of £370.00 per week.

3. Following an objection from the Tenant dated 23 January 2024 to the determination of the fair rent by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977.

Inspection

4. The Tribunal has carried out an inspection of the property on 20 June 2024.

Evidence

5. The Tribunal has considered the written submissions provided by the Tenant stating that the property was in poor repair and that the landlords were neglecting their duties and responsibilities. In particular, complaint was made that the central heating controllers did not work properly, some of the internal door handles needed repair/replacing, and that there were cracks around the window frames to the rear of the property which needed resealing. The windows to the front of the property had been renewed as had some radiators but not all.

6. The Landlord provided details of repairs it had carried out and a pre- inspection summary report into dampness within the flat. At the inspection the tribunal noted that the dampness and consequential repairs had been attended to.

7. The tribunal considered that this was a spacious flat in a good location and in generally good repair apart from those items referred to above.

8. No comparable rental evidence was provided by either party.

The Law

9. When determining a fair rent in accordance with section 70 of the Rent Act 1977, the tribunal has regard to all the circumstances (other than personal circumstances) including the age, location and state of repair of the property.

3 10. In [COMPANY] v Chairman of the Greater Manchester etc. Committee (1995) 28 HLR 107 and [NAME] v [NAME] [1999] QB 92 the Court of Appeal emphasized that ordinarily a fair rent is the market rent for the property discounted for 'scarcity' (i.e. that element, if any, of the market rent, 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 rent - to that of the regulated tenancy) and that for the purposes of determining the market rent, 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.

11. The rent has been previously registered, and the Rent Acts (Maximum Fair Rent) Order 1999 therefore applies unless there are significant improvements made by the Landlord which increase the rent which would be registered by more than 15%. There are no such improvements in this case. It is clear the previous registration certificate was prepared on an incorrect basis as it refers to modernisation and central heating. However, this tribunal has no power to review the previous registration which should have been appealed at the time it was made. The registration is therefore the starting point for assessing the new rent under the Order. The Order sets out the basis for calculating the new rent which is the increase in the Retail Prices Index plus 5% where the rent has previously been registered.

Determination and Valuation

12. In the absence of comparable evidence from the parties the tribunal has relied on our own expert, general knowledge of rental values in the area. We consider that the open market rent for the property in the condition and with the amenities the market would expect would be in the region of £550.00 per week. From this level of rent we have made adjustments in relation to:

a. Items of disrepair listed above b. No carpets curtains or white goods

c. The Tribunal found that there was substantial scarcity of letting property in the locality of Greater London and using its knowledge and experience made a deduction of 20% from the adjusted market rent.

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13. The full valuation is shown below:

14. The Tribunal determines a rent of £352.00 per week for the purposes of s70.

Decision

15. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £352.00 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £262.77 per week. The calculation of the capped rent is shown on the decision form.

16. The lower figure is to be registered as the fair rent and in this case it is the lower rent of £262.77 per week which is to be registered as the fair rent or this property.

Chairman: [NAME]: 20 June 2024

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have.

If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber Fair rent pw Market rent 550.00 £ less condition 20% 110.00 -£ net rent 440.00 £ less scarcity 20% 88.00 £ 352.00 £ add back services - £ Fair rent 352.00 £

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The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application.

If the application is not made within the 28-day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit.

The application 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 making the application is seeking. Please note that if you are seeking permission to appeal against a decision made by the Tribunal under the Rent Act 1977, the Housing Act 1988 or the Local Government and Housing Act 1989, this can only be on a point of law.

If the First-tier Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).