Church Cottage Bradstone Milton Abbot Devon PL19 0QS HAV/18UL/F77/2024/0606
DECISION
The Tribunal determines a rent of £625.50 per calendar month with effect from 2nd December 2024 SUMMARY REASONS Background[1]On 25th July 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 £275 per month on 11th April 2002 following a determination by the Rent Officer.[3]On 11th September 2024 the Rent Officer registered a new rent of £500 per month for the property to take effect from the 11th September 2024.[4]On 9th October 2024 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. Inspection[5]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[6]The Tribunal has considered the written submissions provided by the Tenant and the Landlord. Determination and Valuation[7]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 £1,100 per calendar month.[8]Such a tenancy would normally include white goods, carpets and curtains/blinds to all be provided by the Landlord and the Landlord would also be responsible for internal repair and decoration.[9]In this case the property is not let in such condition or with white goods, carpets and curtains all supplied so some adjustments to the ‘open market rent’ are necessary. The Tribunal has made the adjustments for; Tenant’s responsibility for internal decoration; Tenant’s provision of wood-burner, kitchen fittings, bathroom fittings, white goods, carpets and curtains and central heating; general wants of repair.[10]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.[11]The full valuation is shown below: Full open market rent in good condition £1,100 Less deductions for:- Tenants’ liability for internal decoration £50 Tenant’s provision of white goods £30 Tenant’s provision of carpets £50 Tenant’s provision of curtains £10 Tenant’s provision of wood-burner and heating £125 Tenant’s provision of kitchen fittings £100 Tenant’s provision of bathroom fittings £50 General wants of disrepair £40__ Total deduction per month £455 TOTAL RENT PAYABLE PER MONTH £645[12]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 £645 per calendar month.[13]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of £625.50 permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £625.50 is to be registered as the Fair rent with effect from 2nd December 2024, this being the date of the Tribunals decision. 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/18UL/F77/2024/0606 Property : Church Cottage Bradstone Milton Abbot Devon PL19 0QS Tenant : Mrs J Pritchard Representative : None Landlord : Mrs S Hough 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 : 9th October 2024 Date of Summary Reasons : 2nd December 2024 DECISION The Tribunal determines a rent of £625.50 per calendar month with effect from 2nd December 2024 HAV/18UL/F77/2024/0606 2 SUMMARY REASONS Background[1]On 25th July 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 £275 per month on 11th April 2002 following a determination by the Rent Officer.[3]On 11th September 2024 the Rent Officer registered a new rent of £500 per month for the property to take effect from the 11th September 2024.[4]On 9th October 2024 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. Inspection[5]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[6]The Tribunal has considered the written submissions provided by the Tenant and the Landlord. Determination and Valuation[7]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 £1,100 per calendar month.[8]Such a tenancy would normally include white goods, carpets and curtains/blinds to all be provided by the Landlord and the Landlord would also be responsible for internal repair and decoration.[9]In this case the property is not let in such condition or with white goods, carpets and curtains all supplied so some adjustments to the ‘open market rent’ are necessary. The Tribunal has made the adjustments for; Tenant’s responsibility for internal decoration; Tenant’s provision of wood-burner, kitchen fittings, bathroom fittings, white goods, carpets and curtains and central heating; general wants of repair.[10]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.[11]The full valuation is shown below: HAV/18UL/F77/2024/0606 3 Full open market rent in good condition £1,100 Less deductions for:- Tenants’ liability for internal decoration £50 Tenant’s provision of white goods £30 Tenant’s provision of carpets £50 Tenant’s provision of curtains £10 Tenant’s provision of wood-burner and heating £125 Tenant’s provision of kitchen fittings £100 Tenant’s provision of bathroom fittings £50 General wants of disrepair £40__ Total deduction per month £455 TOTAL RENT PAYABLE PER MONTH £645[12]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 £645 per calendar month.[13]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of £625.50 permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £625.50 is to be registered as the Fair rent with effect from 2nd December 2024, this being the date of the Tribunals decision. 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.