40 Moreton Eye Leominster HR6 0DP BIR/OOGA/F77/2025/0032

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No BIR/OOGA/F77/2025/0032
Mrs C BedfordApplicantThe Right Hon Lord CrawleyRespondentMrs C BedfordTenantThe Right Hon Lord CrawleyLandlord
Mr G S Freckelton FRICS (Chairman)Mrs S SahotaDate 9 July 2026Property: 40 Moreton Eye Leominster HR6 0DPType of application: Section 70 Rent Act 1977

DECISION

The sum of £455.00 per month will be registered as the fair rent with effect from 9th July 2026 being the date the Tribunal made the Decision. ____________________________________

REASONS

[1]Following an objection from the Tenant 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 terraced house with the following accommodation: Ground Floor: One living room, kitchen and bathroom/W.C. First Floor: Three bedrooms. Outside: Garage, car space and garden. There is understood to be partial central heating.[5]The tenant submits: a) That the rent has remained unchanged for some years but that it is still unacceptable. b) That the rent was not increased by the landlord at the previous Registration due to improvements carried out by the tenant including fully fitted kitchen, wood burning stove and part central heating. c) Insulation and solar panels had been installed with grant aid but at no cost to the landlord. d) That as a result redecoration and flooring work was required. e) That further items of disrepair remain including: 1) The bathroom requires refitting. 2) The porch floor is uneven resulting in the door being adjusted which means it is draughty. 3) Due to a lack of heating and full insulation the wood burner is constantly on. 4) The landlord redecorated externally but this resulted in the windows being inoperable.[6]The landlord provided details of comparable properties within the HR6 postcode. They are described as having either 2 or 3 bedrooms, being either semi-detached, mid or end terraced at open market rentals between £450.00- £780.00 per month. A semi-detached house with 3 bedrooms is stated as having a Regulated Rent of £475.00. The dates the various rents were fixed varies from September 2022 – December 2025. The landlord provided a copy of the Domestic Electrical Installation Condition Report. Both parties completed the Reply Forms sent to them by the Tribunal. Photographs of the property were also provided which were helpful to the Tribunal. 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 £700.00 per month. From this level of rent, the Tribunal has made adjustments in relation to the following: a) Curtains, carpets and white goods fitted by the Tenant £50.00 b) Bathroom refitting required £30.00 c) No double glazing £35.00 d) Kitchen fitted by the tenant £50.00 e) Only part central heating provided by tenant with grant aid £45.00 f) The Tenant’s liability to redecorate £35.00 £245.00[8]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 further reduction for scarcity.[9]The full valuation is shown below: Market Rent £700.00 Less Items given above £245.00 £455.00[10]The Tribunal determines an uncapped rent of £455.00 per month. Decision[11]The uncapped fair rent determined by the Tribunal, for the purposes of section 70, is therefore £455.00 per month from 9th July 2026. The maximum fair rent permitted by the Rent Acts (Maximum Fair Rent) Order 1999 is £607.00 per month. This therefore has no impact on the rent determined by the Tribunal because it is above the fair rent of ££455.00 determined by the Tribunal. The calculation of the capped rent is shown on the decision form. Chairman: G S Freckelton FRICS Date: 9th July 2026 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/OOGA/F77/2025/0032 Notice of the Tribunal Decision Rent Act 1977 Schedule 11 Address of Premises The Tribunal members were 40 Moreton Eye Leominster HR6 0DP Mr G S Freckelton FRICS Mrs S Sahota Landlord The Right Hon Lord Crawley Tenant Mrs C Bedford[1]The fair rent is £455.00 Per month (excluding water rates and council tax but including any amounts in paras 3&4) The effective date is 9th July 2026[3]The amount for services is N/A Per N/A Applicable/not applicable[4]The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is N/A Per N/A Applicable / not applicable The rent is/is not to be registered as variable.[6]The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply/do not 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 £607.00 permitted by the Order/The fair rent to be registered is limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is above the maximum fair rent of £XXX permitted by the Order. Chairman G S Freckelton FRICS Date of decision 9h July 2026 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE X 415.3 PREVIOUS RPI FIGURE Y 261.1 X 415.3 Minus Y 261.1 =(a) (A) 154.2 (A) 154.2 Divided by Y 261.1 =(b) (B) 0.5905 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) 1.6405 Last registered rent* £370.00 Multiplied by (C) = £606.98 *(exclusive of any variable service charge) Rounded up to nearest 50p = £607.00 Variable service charge NO If YES add amount for services MAXIMUM FAIR RENT = £607.00 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.