Tribunal Upholds Fair Rent Determination for Disabled Tenant

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/F77/2023/0024

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were [ADDRESS], Birmingham, W Midlands. [POSTCODE]

Tribunal Judge Peter Ellis Tribunal Member [NAME]

Landlord [RESPONDENT]

Tenant [APPELLANT]

1. The fair rent is £92.00 Per week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 22 November 2023

3. The amount for services is £19.74 Per week

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

not applicable

5. The rent is not to be [NAME] 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:

The fair rent to be [NAME] is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is below the maximum fair rent of £103.24 per week including £19.74 per week for services (variable) prescribed by the Order.

Chairman P.J.Ellis Date of decision 22 November 2022

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 377.80

PREVIOUS RPI FIGURE Y 283.00

X 377.80 Minus Y 283.00 = (A) 94.80 (A) 94.80 Divided by Y 283.00 = (B) 0.335

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) 1.385

[NAME] rent* £60 Multiplied by (C) = 83.10 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 83.50

Variable service charge YES / NO If YES add amount for services 19.74

MAXIMUM FAIR RENT = £103.24 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 [NAME] 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 [NAME] 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.

FIRST - TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference : BIR/00CN/F77/2023/0024

Property : [ADDRESS], [POSTCODE]

Applicant: [redacted]

Respondent: [redacted] : Determination of [NAME] rent.

S70 Rent Act 1977

Tribunal: Tribunal Judge P. J. Ellis

Tribunal Member [NAME] of Hearing : 22 November 2023 Date of Decision : 17 January 2024

_____________________________________________________

DECISION

__________________________________________________________

Introduction 1. By an application dated 13 March 2023 the landlord [RESPONDENT] a [NAME], applied to the rent officer for the registration of a fair rent in respect of [NAME].

2. The [NAME] a rent of £92.00per week (including 19.74 per week service charges) on 24 May 2023, effective from the same date.

3. The Tenant objected to the rent determined by the Rent Officer on 16 June 2023. The Matter was referred to the Tribunal which gave directions on31 July 2023. The matter came on for a hearing on 22 November 2023 on the papers without an inspection.

4. The Tribunal determined the Rent Officer’s determination was was correct. The Tenant has asked for the reasons for the Tribunal’s decision.

5. The landlord did not submit any representations or evidence. The Tenant supplied a substantial bundle of documents including previous Decisions of this Tribunal and a Decisions of the [NAME] Tribunal made on 18 October 2018.

[NAME] 6. [NAME] is part of a conversion of an older property. Architect’s drawings produced in the Tenat’s bundle show a two bedroom flat on the ground floor comprising a living room and study/bedroom on either side of the entrance hall way, a bedroom to the rear right of the hall. A bathroom then kitchen on the left side of the hallway. The total floor area is given as 71.96sq m.

7. The Tenant is the sole occupant but has severe disabilities. In order to make the living space suitable for her [NAME] has been altered with approval of the local planning authority. [NAME] Judge A [NAME] in the [NAME] Chamber described alterations. A hoist system was installed. Part of the two front rooms, both previously used as bedrooms although one was shown as a living room, were adjusted to enlarge the hallway to enable her wheelchair to be manoeuvred. Further adjustments were described to facilitate the Tenat’s needs. That Tribunal concluded [NAME] had one bedroom.

8. In June 2016 this Tribunal inspected [NAME] to fix a new rent at that time. In its statement of reasons for its [NAME] was described as a self-contained ground floor flat with a parking space in what was originally a double fronted three-storey Victorian semidetached house constructed of brick with a slate covered roof. It was converted approximately 32 years ago into three flats. The Tribunal could not inspect at that time but it was shown photographs which showed the accommodation comprised a lobby, hall, study, living room, main bedroom with en-suite bathroom and a kitchen. This Tribunal was also provided with photographs showing the sole bathroom is ensuite to the bedroom and accessible only through the bedroom.

The Tenancy 9. The tenancy is a statutory protected weekly periodic tenancy subject to s11 Landlord and Tenant At 1985. The tenancy commenced in March 1985.

The Submissions 10. The landlord’s application was for a new rent of £121.21 per week including service charges of £19.74 per week The then current rent was £79.74 per week including the service charges.

11. The Tenant challenged the apportionment of service charges to her apartment, contending that they should be no higher than £15.82 per week due to anomalies in the wiring of the fire alarm through her meter. Proposed works of upgrading the fire alarm system notified to the Tenant in June 2023 were delayed in order that there could be consultations between the parties.

The Law 12. Previous decisions of the Tribunal involving these parties have set out the relevant law and factors to be considered in making a rent determination. It is not proposed to repeat the description in this decision.

The Decision 13. The parties did not submit any evidence of comparable rents in the area for either one- or two-bedroom properties. The [NAME] assessed the market rent for [NAME] as £173.08 per week. The Tribunal exercised its own

discretion in determining the market value before making the Maximum Fair Rent calculation.