288 Duffield Road, Derby, DE22 1EQ: BIR/00FK/F77/2023/0032 BIR/00FK/F77/2023/0032

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No BIR/00FK/F77/2023/0032
Mr & Mrs T LloydApplicantWoodhead Investments & Developments Services LtdRespondentMr & Mrs T LloydTenantWoodhead Investments & Developments Services LtdLandlord
Mr G Freckelton FRICSMrs J RossiterDate 17 January 2024Property: 288 Duffield Road, Derby, DE22 1EQ

DECISION

[1]The fair rent is £139.00 Per week (excluding water rates and council tax but including any amounts in paras 3&4) The effective date is 17th January 2024 The amount for services is Per not applicable[4]The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is Per not applicable[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[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 £165.50 per week prescribed by the Order. Chairman G S Freckelton FRICS Date of decision 17/01/2024 FR24 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE X 377.3 PREVIOUS RPI FIGURE Y 304.0 X 377.3 Minus Y 304.0 =(a) (A) 73.3 (A) 73.3 Divided by Y 304.0 =(b) (B) 0.2411 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) 1.2911 Last registered rent* £128.00 Multiplied by (C) = £165.26 *(exclusive of any variable service charge) Rounded up to nearest 50p = £165.50 Variable service charge NO If YES add amount for services MAXIMUM FAIR RENT = £165.50 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.