7 Snow Hill Clare Sudbury Suffolk CO10 8QF CAM/42UK/F77/2026/0010

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CAM/42UK/F77/2026/0010
Between
Mrs M MorrisApplicantMr Chris ShawRespondent
Before
Mrs E Flint FRICSDate 13 July 2026Property: 7 Snow Hill Clare Sudbury Suffolk CO10 8QFType of application: Determination of the registered rent under Section 70 Rent Act 1977

DECISION

The registered rent with effect from 13 July 2026 is £135 per week. © CROWN COPYRIGHT 2026 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) OFFICIAL Background[1]On 17 February 2026 the landlord applied to the rent officer for registration of a fair rent of £145 per week for the above property.[2]The registered rent at the date of the application was £120.28 per week which had been registered by the Tribunal on 17 May 2024 with effect from the same date.[3]On 17 April 2026, the rent officer registered a fair rent of £133.50 per month with effect from 17 May 2026.[4]The tenant objected to the registered rent.[5]The tribunal issued Directions on 15 May 2026. The landlord and tenant made written submissions which were copied to the other party. The Evidence[6]The landlord stated that the property is a period cottage subject to an Article $ direction. He had not been able to afford to decorate the exterior because the previous rent increase was only £1.28 per week. He referred to two properties which he said were similar and let at £750 per month.[7]The tenant provided a number of photographs in support of her submission that the window frames were in poor order, that the exterior required redecoration, the dated kitchen units and general condition of the house. The Law[8]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.[9]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: That ordinarily a fair rent is the market rent for the property discounted for scarcity i.e. that element, if any, of the market OFFICIAL OFFICIAL 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 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. Valuation[10]In the first instance I 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. In addition to the brief details provided by the landlord I 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 £850 per month.[11]However, it was first necessary to adjust the hypothetical rent of £850 per month 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 £200 to reflect the dated kitchen and bathroom, no central heating, limited power points, no white goods, floor coverings, curtains and difference in terms and conditions.[12]This leaves an adjusted market rent for the subject property of £650 per month. I am of the opinion that there was substantial scarcity for similar sized properties in Suffolk and therefore made a deduction of approximately 10% for scarcity. The uncapped fair rent is £585 per month which equates to £135 per week. Decision[13]Therefore, the rent will not be capped under the provisions of the Order. Accordingly, the sum of £135 per month will be registered as the fair rent with effect from 13 July 2026 being the date of my decision. Chairman: Evelyn Flint Dated: 13 July 2026 ANNEX - RIGHTS OF APPEAL OFFICIAL OFFICIAL 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. 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 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. 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. 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. 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). 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