21 Thornton Road, Shirley, Solihull, West Midlands B90 4TF: BIR/00CT/F77/2018/0041 BIR/00CT/F77/2018/0041

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No BIR/00CT/F77/2018/0041
Mrs Lynne KilpatrickApplicantBromfordRespondent
Mrs Muninder K GandhamMr Vivek Chadha MRICS MCI Arb FCIH MBAMr Vernon Ward BSc (Hons) FRICSDate 10 December 2018

DECISION

[1]The fair rent is £377.97 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3&4) The effective date is 10 December 2018[3]The amount for services is not applicable ---- Per ----[4]The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is not applicable ---- Per ----[5]The rent 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 Gross Rent £446.52 (25% ownership) Cost figure management and insurance £43.08[8]For information only: The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is below the maximum fair rent of £406.50 per calendar prescribed by the Order. Chairman Mrs Muninder K Gandham Date of decision 10/12/2018 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE X 284.50 PREVIOUS RPI FIGURE Y 262.1 X 284.50 Minus Y 262.1 =(a) (A) 22.4 (A) 22.4 Divided by Y 262.1 =(b) (B) 0.08546 First application for re-registration since 1 February 1999? NO If yes (B) plus 1.075 =(c) (C) If no (B) plus 1.05 = (C) 1.13546 Last registered rent* 357.74 Multiplied by (C) = 406.2007 *(exclusive of any variable service charge) Rounded up to nearest 50p = 406.50 Variable service charge NO If YES add amount for services MAXIMUM FAIR RENT = £406.50 Per Calendar month 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.