Tribunal Sets Fair Rent for Tenancy Considering Property Condition

OUTCOME: Allowed

1

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AE/F77/2025/0141 Property : 5 [ADDRESS] [POSTCODE] Tenant : [NAME] [APPELLANT] Landlord : Origin Housing Date of Objection : 5th March 2025 Type of Application : Fair rent Tribunal : Judge Nicol Date of Decision : 7th July 2025

_______________________________________________

DECISION

The sum of £ per calendar month will be registered as the fair rent with effect from 7th July 2025, being the date the Tribunal made the Decision. ____________________________________

SUMMARY REASONS

Background 1. Following an objection from the Tenant to the determination of a fair rent by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977.

Inspection 2. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

2 Evidence 3. The tenant completed and returned the Tribunal’s Reply Form, supported by a letter dated 12th June 2025. She set out her difficulties in making representations because her records are in storage while her landlord fits a new bathroom to accommodate her disabilities but also summarised her complaints about the condition of her flat and the standard of service received from her landlord.

4. The landlord did not provide any evidence or representations.

Determination and Valuation 5. Having consideration of the Tribunal’s own expert, general knowledge of rental values in the area, it is considered that the open market rent for the property in good tenantable condition would be in the region of £500 per week. From this level of rent I have made adjustments in relation to:

• The condition of the property • The lack of white goods • The lack of floor coverings or curtains • Decoration obligations

6. The Tribunal has also made an adjustment for scarcity.

7. The full valuation is shown below:

Market Rent

£500 per week

Less • Condition

} • White goods

} • Floor coverings/curtains

} approx. 40% • Decoration obligations

}

200

300

Less Scarcity

approx. 20%

60

£240

Decision 8. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £296.70 per week, inclusive of services. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £181.70 per week. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £181.70 per week is to be registered as the fair rent for this property.

3 Chairman: Judge Nicol

Date: 7th July 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

FR27 First-tier Tribunal – Property Chamber File Ref No.

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 5 [ADDRESS] [POSTCODE]

Judge Nicol

Landlord Origin Housing

Tenant [NAME]

1. The fair rent is £181.70 Per week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 7th July 2025

3. The amount for services is £56.70 Per week

negligible/not applicable

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

Per

negligible/not applicable

5. The rent is/is not to be registered as variable.

6. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf)/ do not apply because 1st registration/15% exemption.

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 £296.70 per week including £56.70 per week for services (variable).

(b) The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is the same as/below the maximum fair rent of £ ................... per .................... including £ ......................................... per ................................. for services (variable) prescribed by the Order.

Chairman Judge Nicol Date of decision 7th July 2025

FR27 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 402.9

PREVIOUS RPI FIGURE Y 257

X 402.9 Minus Y 257 = (A) 145.9

(A) 145.9 Divided by Y 257 = (B) 0.5677

First application for re-registration since 1 February 1999 YES/NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.6177

Last registered rent* 77.14 Multiplied by (C) = 124.79 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 125

Variable service charge YES / NO If YES add amount for services £56.70

MAXIMUM FAIR RENT = £181.70 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.