66 Cardigan Street Luton LU1 1RR CAM/00KA/F77/2026/0003

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No CAM/00KA/F77/2026/0003

Between

Mr J Docherty & Miss C SouthallApplicant

Luton Community Housing LtdRespondent

Before

Mrs E Flint FRICS

Date 30 March 2026

Property: 66 Cardigan Street Luton LU1 1RR

Type of application: Determination of the registered rent under Section 70 Rent Act 1977

DECISION

[1]The registered rent with effect from 30 March 2026 is £200 per week.

[4]On 11 November 2025 the landlord applied to the rent officer for registration of a fair rent of £148.27 per week for the above property.

[5]The registered rent at the date of the application was £161 per week which had been registered by the Tribunal on 24 November 2023 with effect from the same date.

[6]On 8 January 2026, the rent officer registered a fair rent of £181.50 per week with effect from the same date.

[7]The tenant objected to the registered rent on 16 January on the grounds that the increase was unaffordable.

[8]The tribunal issued Directions on 2 February 2026. The landlord and tenant made brief written submissions which were copied to the other party.

[10]The landlord stated that the application to the rent officer was made so that if another tenant moved into the house who was subject to a Rent Act tenancy the rent charged could be based upon the registered rent rather than the formula rent currently being paid which is below the registered rent.

[11]The tenant referred stated that he had lived in the house for forty years, he had carried out all the improvements other than plumbing. The central heating boiler had not been upgraded for years. He had replaced the garden fence.

[13]When determining a fair rent we, in accordance with section 70 of the Rent Act 1977, must have regard to all the circumstances including the age, location and state of repair of the property. We also must disregard the effect of any relevant tenant’s improvements and the effect of any disrepair or any other defect attributable to the tenant or any predecessor in title under the regulated tenancy, on the rental value of the property. We are unable to take into account the tenant’s personal circumstances when assessing the fair rent.

[14]In Spath Holme Ltd v Chairman of the Greater Manchester etc Committee

(1995) 28 HLR 107

and Curtis v London Rent Assessment Committee

(1999) QB 92

the Court of appeal emphasised:

[15]That ordinarily a fair rent is the market rent for the property discounted for scarcity i.e. that element, if any, of the market rent, that is attributable to there being a significant shortage of similar properties in the wider locality available for letting on similar terms to that of a regulated tenancy, and

[16]That for the purposes of determining the market rent, assured tenancy market rents are usually appropriate comparables; adjusted as necessary to reflect any relevant differences between the comparables and the subject property.

[18]In the first instance we determined what rent the landlord could reasonably be expected to obtain for the property in the open market if it were let today in the condition and on the terms considered usual for such an open market letting. As neither the landlord or the tenant provided any comparable evidence I have relied on my own general knowledge of rents within the vicinity and concluded that if the house was in the condition usually found on the open market it would let for £350 per week.

[19]However, it was first necessary to adjust the hypothetical rent of £350 per week to allow for the differences between the terms and condition considered usual for such a letting and the condition of the actual property at the valuation date, ignoring any tenant’s improvements, (disregarding the effect of any disrepair or other defect attributable to the tenant or any predecessor in title). I determined that the hypothetical rent should be reduced by £80 to reflect the unmodernised kitchen and bathroom, white goods, floor coverings, curtains and difference in terms and conditions.

[20]This leaves an adjusted market rent for the subject property of £270 per week. I am of the opinion that there was substantial scarcity for similar sized properties in Bedfordshire and therefore made a deduction of approximately 15% for scarcity. The uncapped fair rent is £200 per week which is below the capped rent of £206 per week. Decision

[21]Therefore, the rent will not be capped under the provisions of the Order. Accordingly, the sum of £200 per week will be registered as the fair rent with effect from 30 March 2026 being the date of my decision.

[22]The registered rent is the maximum rent which may be charged under the tenancy. However Housing Associations calculate the rent payable using a formula which may result in a lower sum than the registered rent.

[25]By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have.

[26]If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for-permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber

[27]The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application.

[28]If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit.

[29]The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. Please note that if you are seeking permission to appeal against a decision made by the Tribunal under the Rent Act 1977, the Housing Act 1988 or the Local Government and Housing Act 1989, this can only be on a point of law.

[30]If the First-tier Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).