11 Elmdon Park Road Solihull Birmingham B92 9HE BIR/00CT/F77/2025/0003

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No BIR/00CT/F77/2025/0003

Between

Mrs B D CookApplicant

West Ella Finance LimitedRespondent

Mrs B D CookTenant

West Ella Finance LimitedLandlord

Before

Mr G S Freckelton FRICS

Mrs K Bentley

Date 18 July 2025

Property: 11 Elmdon Park Road Solihull Birmingham B92 9HE

Type of application: Section 70 Rent Act 1977

DECISION

The sum of £713.00 per month will be registered as the fair rent with effect from 9th July 2025 being the date the Tribunal made the Decision. ____________________________________

REASONS

[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 did not inspect the property but considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research. Evidence

[3]The Tribunal has considered the written submissions provided by the Landlord. From the information provided it appears that the subject property comprises of a semi-detached house with one living room, kitchen, three bedrooms and bathroom. There are gardens, an outside store and car parking space.

[5]The landlord submits that the property has gas fired central heating but the Rent Officer states that there is no central heating. There is understood to be double glazing. In addition, the landlord submits the open market rental value should be £1,454.00 per month (based on the floor area) and that there should be no deduction for scarcity. Determination and Valuation

[7]On consideration of the comparable evidence proved by the parties, that forwarded by the Rent Officer and the Tribunal’s own expert knowledge of rental values in the area, the Tribunal considers that the open market rent for the property in a satisfactory condition would be in the region of £1075.00 per month. From this level of rent, the Tribunal has made adjustments in relation to the following: a) Condition – the landlord confirms that the property does not meet current standards and the Tribunal assumes that this will include such items as kitchen and bathroom fittings, upgrade electrics and general presentation. b) Curtains, carpets and white goods fitted by the Tenant. c) The Tenant’s liability to redecorate.

[8]The Tribunal has also made an adjustment for scarcity using their own general knowledge and experience. The Tribunal considers that in the wider geographical area there is an imbalance of supply and demand impacting on rental values and has, therefore, made a reduction of 10% for scarcity.

[9]The full valuation is shown below: Market Rent £1,075.00 per month Less a) Items given under a) above £160.00 b) Items given under b) above £70.00 c) Tenant’s internal decoration liability @ 5% £53.00 Total £283.00 £792.00 Less Scarcity @ 10% £79.00

£713.00

[10]The Tribunal determines an uncapped rent of £713.00 per month. Decision

[11]The uncapped fair rent determined by the Tribunal, for the purposes of section 70, is therefore £713.00 per month from 9th July 2025. The maximum fair rent permitted by the Rent Acts (Maximum Fair Rent) Order 1999 is £753.50 per month. This therefore has no impact on the rent determined by the Tribunal. The calculation of the Maximum Fair Rent is shown on the decision form. Chairman: G S Freckelton FRICS Date: 18th July 2025 APPEAL PROVISIONS If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal. First-tier Tribunal – Property Chamber File Ref No. BIR/00CT/F77/2025/0003 Notice of the Tribunal Decision Rent Act 1977 Schedule 11 Address of Premises The Tribunal members were 11 Elmdon Park Road Solihull Birmingham B92 9HE Mr G S Freckelton FRICS Mrs K Bentley Landlord West Ella Finance Limited Tenant Mrs B D Cook

[1]The fair rent is £713.00 Per Month (excluding water rates and council tax but including any amounts in paras 3&4) The effective date is 9th July 2025 The amount for services is N/A Per -

[4]The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is N/A Per - The rent is not to be registered as variable.

[6]The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 do 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 registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is below the maximum fair rent of £753.50 permitted by the Order. Chairman G S Freckelton FRICS Date of decision 18th July 2025 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE X 402.9 PREVIOUS RPI FIGURE Y 360.3 X 402.9 Minus Y 360.3 =(a) (A) 42.6 (A) 42.6 Divided by Y 360.3 =

(b) (B) 0.1182 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) 1.1682 Last registered rent* 645.00 Multiplied by (C) = £753.48 *(exclusive of any variable service charge) Rounded up to nearest 50p = £753.50 Variable service charge NO If YES add amount for services MAXIMUM FAIR RENT = £753.50 Per 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.