55 Banner Road Bristol BS6 5NA HAV/00HB/F77/2024/0607
DECISION
The Tribunal determines a rent of £223.50 per calendar week with effect from 2nd December 2024 SUMMARY REASONS Background[1]On 27th August 2024 the Landlord applied to the Rent Officer for the registration of a new rent for the property in accordance with Section 70 of the Rent Act 1977.[2]The rent was previously registered at £177.50 per week, equating to £769.17 per month, on 24th March 2022 following a determination by the Rent Officer. The uncapped rent at that date was £208.12 per week which equates to £901.85 per month.[3]On 26th September 2024 the Rent Officer registered a new rent of £221.50 per week for the property, equating to £959.83 per month, to take effect from the 26th September 2024. The uncapped rent would have been £247.95 per week equating to £1,074,45 per month.[4]On 13th October 2024 the Tenant objected to this new rent and the matter was referred to the First-tier Tribunal Property Chamber (Residential Property), formerly a Rent Assessment Committee.[5]The Landlord is a Social Housing provider and does routinely charge full market rents to its’ tenants. Inspection[6]The Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. Evidence[7]The Tribunal has considered the written submissions provided by the Tenant. There were no written submissions from the Landlord. Determination and Valuation[8]Having consideration to the comparable evidence provided by the parties and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in good lettable condition would be £1,600 per month. (Market rents are routinely expressed as a monthly sum.)[9]Such a tenancy would normally include white goods, carpets and curtains/blinds provided by the Landlord and the Landlord would also be responsible for internal repair and decoration.[10]In this case the property is not let in such condition or with white goods, carpets and curtains supplied so some adjustments to the ‘open market rent’ are necessary. The Tribunal has made the adjustments for:- an unmodernised bathroom; Tenant’s responsibility for internal decoration; Tenant’s provision of white goods, carpets and curtains; general wants of repair and internal dampness, poor insulation leading to high energy costs.[11]The Tribunal noted the numbers of properties with similar accommodation within a reasonable distance of the property that are available to rent and decided that no deduction for scarcity should be made.[12]The full valuation is shown below: Full open market rent in good condition £1,600 Less deductions for:- Tenants’ liability for internal decoration £60 Tenant’s provision of white goods £30 Tenant’s provision of carpets £50 Tenant’s provision of curtains £10 Unmodernised bathroom £70 General wants of repair and dampness £70 Poor insulation/high energy costs £80 ____ Total deduction per month £370 TOTAL RENT PAYABLE PER MONTH £1,230[13]Having made the adjustments indicated above the Fair Rent determined by the Tribunal for the purpose of section 70 of the Rent Act 1977 was £1,230 per month which equates to £283.85 per week.[14]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of £223.50 per week permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £223.50 per week is to be registered as the Fair Rent with effect from 2nd December 2024, this being the date of the Tribunals decision.[15]It should be noted that the Landlord, having applied for a new rent of £136.74 per week. is not obliged to charge this higher rent. APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA. --- decision_2.pdf --- © CROWN COPYRIGHT 2024 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/00HB/F77/2024/0607 Property : 55 Banner Road Bristol BS6 5NA Tenant : Ms C Benavides Representative : None Landlord : Places for People Representative : None Type of Application : Section 70 Rent Act 1977 (“the Act”) Determination by the First-Tier Tribunal of the fair rent of a property following an objection to the rent registered by the Rent Officer. Tribunal Members : Mr I R Perry FRICS Mr B W H Bourne MRICS MCIArb Date of Objection : 13th October 2024 Date of Summary Reasons : 2nd December 2024 DECISION The Tribunal determines a rent of £223.50 per calendar week with effect from 2nd December 2024 HAV/00HB/F77/2024/0607 2 SUMMARY REASONS Background[1]On 27th August 2024 the Landlord applied to the Rent Officer for the registration of a new rent for the property in accordance with Section 70 of the Rent Act 1977.[2]The rent was previously registered at £177.50 per week, equating to £769.17 per month, on 24th March 2022 following a determination by the Rent Officer. The uncapped rent at that date was £208.12 per week which equates to £901.85 per month.[3]On 26th September 2024 the Rent Officer registered a new rent of £221.50 per week for the property, equating to £959.83 per month, to take effect from the 26th September 2024. The uncapped rent would have been £247.95 per week equating to £1,074,45 per month.[4]On 13th October 2024 the Tenant objected to this new rent and the matter was referred to the First-tier Tribunal Property Chamber (Residential Property), formerly a Rent Assessment Committee.[5]The Landlord is a Social Housing provider and does routinely charge full market rents to its’ tenants. Inspection[6]The Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. Evidence[7]The Tribunal has considered the written submissions provided by the Tenant. There were no written submissions from the Landlord. Determination and Valuation[8]Having consideration to the comparable evidence provided by the parties and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in good lettable condition would be £1,600 per month. (Market rents are routinely expressed as a monthly sum.)[9]Such a tenancy would normally include white goods, carpets and curtains/blinds provided by the Landlord and the Landlord would also be responsible for internal repair and decoration.[10]In this case the property is not let in such condition or with white goods, carpets and curtains supplied so some adjustments to the ‘open market rent’ are necessary. The Tribunal has made the adjustments for:- an unmodernised bathroom; Tenant’s responsibility for internal decoration; Tenant’s provision of HAV/00HB/F77/2024/0607 3 white goods, carpets and curtains; general wants of repair and internal dampness, poor insulation leading to high energy costs.[11]The Tribunal noted the numbers of properties with similar accommodation within a reasonable distance of the property that are available to rent and decided that no deduction for scarcity should be made.[12]The full valuation is shown below: Full open market rent in good condition £1,600 Less deductions for:- Tenants’ liability for internal decoration £60 Tenant’s provision of white goods £30 Tenant’s provision of carpets £50 Tenant’s provision of curtains £10 Unmodernised bathroom £70 General wants of repair and dampness £70 Poor insulation/high energy costs £80 ____ Total deduction per month £370 TOTAL RENT PAYABLE PER MONTH £1,230[13]Having made the adjustments indicated above the Fair Rent determined by the Tribunal for the purpose of section 70 of the Rent Act 1977 was £1,230 per month which equates to £283.85 per week.[14]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of £223.50 per week permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £223.50 per week is to be registered as the Fair Rent with effect from 2nd December 2024, this being the date of the Tribunals decision.[15]It should be noted that the Landlord, having applied for a new rent of £136.74 per week. is not obliged to charge this higher rent. APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.