Mrs C ColemanApplicantJ D Bladen 1972 Discretionary TrustRespondentMrs C ColemanTenantJ D Bladen 1972 Discretionary TrustLandlord
Before
Mr G S Freckelton FRICSMr A Churchill BSc MRICSDate 3 July 2026Property: Claines Cottage Claines Worcester WR3 7RNType of application: Section 70 Rent Act 1977
DECISION
The sum of £430.00 per month will be registered as the fair rent with effect from 3rd July 2026 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 Tenant and the Landlord.[4]From the information provided it appears that the subject property comprises of a detached house without central heating. The accommodation affords two living rooms, kitchen and conservatory on the ground floor. On the first floor are two bedrooms, boxroom and bathroom with W.C. There is a garden, garage, stores and car parking space.[5]The tenant submits: a) That no repairs have been undertaken. b) There are cracks to the driveway which go under the house and have resulted in movement within the property. c) The rear garden wall needs repair. d) The garage has large holes in it. The garage was originally provided by the tenant. e) Carpets, curtains and white goods are provided by the tenant.[6]The landlord submits that: a) That the property is well located close to the public house and local church. b) It is accepted that the property does not meet all modern standards. c) The landlord provided details of six comparables, five of which were for three-bedroom properties. A detailed analysis had been undertaken in respect of the rental achieved for them on a ‘per square metre’ basis. On this basis the landlord had calculated that the market rent for the subject property would be £1,604.00 pcm. d) The landlord had made some allowances in respect of tenant decorating liability (£80.00), Carpets, curtains and white goods (£80.00), lack of gas fired central heating (£100.00) and a general deduction of £150.00 for the comparables being in better condition. This resulted in the landlords’ submission that the uncapped rent should be £1,194.00 pcm. The Tribunal has noted the basis on which the landlord has assessed the market rent but does not accept that basing a rental on the physical area of a property is correct. It might be a useful indication but there are many factors affecting rental value including condition, location, immediate environment and individual features. The Tribunal determines that to determine the rental value of a property based only on a ‘per square metre’ basis is too simplistic. 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 £1,000.00 per month. From this level of rent, the Tribunal has made adjustments in relation to the following: a) The condition of the property: Cracks to the driveway and structural damage to the property 150.00 Damage to rear garden wall 25.00 Lack of gas fired central heating 100.00 General condition 170.00 b) Improvements made by the Tenant: Built the garage (now in need of repair) 25.00 c) Curtains, carpets and white goods fitted by the Tenant 50.00 d) The Tenant’s liability to redecorate 50.00[8]The Tribunal has also considered the question of scarcity using their own general knowledge and experience. The Tribunal considers that in the wider geographical area there is no imbalance of supply and demand impacting on rental values and has, therefore, not made a reduction for scarcity.[9]The full valuation is shown below: Market Rent £1,000.00 Less a) Items given under a) above £445.00 b) Items given under b) above £25.00 c) Items given under c) above £50.00 d) Tenant’s internal decoration liability @ 5% £50.00£570.00£430.00[10]The Tribunal determines an uncapped rent of £430.00 per month. Decision[11]The uncapped fair rent determined by the Tribunal, for the purposes of section 70, is therefore £430.00 per month. The maximum fair rent permitted by the Rent Acts (Maximum Fair Rent) Order 1999 is £445.50 per month. This therefore has no effect on the rent determined by the Tribunal. The calculation of the capped rent is shown on the decision form. Chairman: G S Freckelton FRICS 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/47UE/F77/2025/0017 Notice of the Tribunal Decision Rent Act 1977 Schedule 11 Address of Premises The Tribunal members were Claines Cottage Claines Worcester WR3 7TR Mr G S Freckelton FRICS Mr A Churchill BSc MRICS Landlord J A Bladen 1972 Discretionary Trust Tenant Mrs C Coleman[1]The fair rent is £430.00 Per month (excluding water rates and council tax but including any amounts in paras 3&4) The effective date is 3rd July 2026 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/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 £190.50 permitted by the Order. Chairman G S Freckelton FRICS Date of decision 3rd July 2026 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE X 415.3 PREVIOUS RPI FIGURE Y 375.3 X 415.3 Minus Y 375.3 =(a) (A) 40.0 (A) 40.0 Divided by Y 375.3 =(b) (B) 0.1065 First application for re-registration since 1 February 1999 YES/NO If yes (B) plus 1.075 =(c) (C) If no (B) plus 1.05 = (C) 1.1565 Last registered rent* £385.00 Multiplied by (C) = £445.25 *(exclusive of any variable service charge) Rounded up to nearest 50p = £445.50 Variable service charge NO If YES add amount for services MAXIMUM FAIR RENT = £445.50 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.