Tribunal Sets Fair Rent Under Rent Act 1977

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. LON/00BG/F77/2023/0357

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 11 [ADDRESS], [POSTCODE]

[NAME]

Landlord [NAME]

Tenant Mr [APPELLANT]

1. The fair rent is 271.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 08 January 2024

3. The amount for services is n/a Per n/a

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

n/a Per n/a

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).

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 £544 per week.

[NAME] of decision 8th January 2024

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 377.3

PREVIOUS RPI FIGURE Y 284.1

X 377.3 Minus Y 284.1 = (A) 93.2

(A) 93.2 Divided by Y 284.1 = (B) 0.33

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) 1.38

Last registered rent* 197.28 Multiplied by (C) = 270.87 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 271

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £271 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

: LON/00BG/F77/2023/0357

Property : 11 [ADDRESS] [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [NAME] of Objection : 6th October 2023

Type of Application : Section 70, Rent Act 1977

Tribunal

: Mr [NAME] of Summary Reasons

: 8th January 2024

_______________________________________________

DECISION

The sum of £271 per calendar week will be registered as the fair rent with effect from 8th January 2024, 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 rent by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977.

Inspection 2. The Tribunal considered the matter on the papers and did not inspect the property.

Evidence 3. The Tribunal has not received any written submissions from the parties.

Determination and Valuation 4. Having consideration of our own expert, general knowledge of rental values in the Shadwell area, we consider that the open market rent for the property in its current condition would be in the region of £850 per calendar week. From this level of rent we have made adjustments in relation to:

Terms of tenancy, no white goods, no carpets or curtains which equates to approximately 20%

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

6. The full valuation is shown below:

Market Rent £850 pwm

Less

approx. 20% £170

£680

Less Scarcity

approx. 20%

136

£544 pw

Decision

3 7.. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £544 per calendar week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £271 per calendar week. The calculation of the capped rent is shown on the decision form.

8. In this case therefore the lower rent of £271 per calendar week is to be registered as the fair rent or this property.

9.The rental figure determined by the Tribunal exceeds that proposed by the social landlord. Such figure is the maximum rent payable. However, the landlord is under no obligation to charge the full amount.

Chairman: [NAME]: 8 January 2024

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 subsequent application for permission to appeal should be made on Form RP PTA