Flat 4 Pinnacle Court Battle Road St Leonards-on-Sea East Sussex TN37 7BU HAV/21UD/F77/2025/0627
DECISION
The Tribunal determines a Fair Rent of £182 per week with effect from 12th September 2025. SUMMARY REASONS Background[1]On 14th May 2025 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 £160 per week including an estimated £12.88 per week for services on 17th July 2023 from 17th August 2023 following a determination by the Rent Officer.[3]On 1st July 2025 the Rent Officer registered a new rent of £169 per week, equating to £732.33 per month for the property to take effect from the 17th August 2025. This included an estimate of £7.76 per week, £33.63 per month, for services.[4]On 11th July 2025 the Landlord 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]There were no written submissions from either party. The Tribunal noted that the latest Rent Register Form RR1 describes the property as being modernised. Determination and Valuation[7]Without representation from either party the Tribunal could only rely on its own expert, general knowledge of rental values in the area, and determines that the open market rent for the property in good tenantable condition would be £1,000 per month. Market rents are usually advertised as a figure per month.[8]Such a tenancy would normally include white goods, carpets/floorings and curtains/blinds to all be provided by the Landlord. 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/floorings and curtains/blinds all supplied therefore some adjustments to the ‘open market rent’ are necessary. In addition the Tribunal has made the adjustments for the Tenant’s responsibility for internal decoration.[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 £1,000 Less deductions for:- Tenants’ liability for internal decoration £40 Tenant’s provision of white goods £30 Tenant’s provision of carpets/floorings £30 Tenant’s provision of curtains/blinds £10 ____ Total deduction per month £110 TOTAL RENT PAYABLE PER MONTH £890[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 £890 per calendar month which equates to £205 per week.[13]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of £182 per week permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £182 per week is to be registered as the Fair rent with effect from 12th September 2025, this being the date of the Tribunal’s decision. 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 2025 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/21UD/F77/2025/0627 Property : Flat 4 Pinnacle Court Battle Road St Leonards-on-Sea East Sussex TN37 7BU Tenant : Mrs L Banaghan Representative : None Landlord : Orbit Housing Association 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 S J Hodges FRICS Date of Objection : 11th July 2025 Date of Decision and Summary Reasons : 12th September 2025 DECISION The Tribunal determines a Fair Rent of £182 per week with effect from 12th September 2025. HAV/21UD/F77/2025/0627 2 SUMMARY REASONS Background[1]On 14th May 2025 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 £160 per week including an estimated £12.88 per week for services on 17th July 2023 from 17th August 2023 following a determination by the Rent Officer.[3]On 1st July 2025 the Rent Officer registered a new rent of £169 per week, equating to £732.33 per month for the property to take effect from the 17th August 2025. This included an estimate of £7.76 per week, £33.63 per month, for services.[4]On 11th July 2025 the Landlord 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]There were no written submissions from either party. The Tribunal noted that the latest Rent Register Form RR1 describes the property as being modernised. Determination and Valuation[7]Without representation from either party the Tribunal could only rely on its own expert, general knowledge of rental values in the area, and determines that the open market rent for the property in good tenantable condition would be £1,000 per month. Market rents are usually advertised as a figure per month.[8]Such a tenancy would normally include white goods, carpets/floorings and curtains/blinds to all be provided by the Landlord. 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/floorings and curtains/blinds all supplied therefore some adjustments to the ‘open market rent’ are necessary. In addition the Tribunal has made the adjustments for the Tenant’s responsibility for internal decoration.[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/21UD/F77/2025/0627 3 Full open market rent in good condition £1,000 Less deductions for:- Tenants’ liability for internal decoration £40 Tenant’s provision of white goods £30 Tenant’s provision of carpets/floorings £30 Tenant’s provision of curtains/blinds £10 ____ Total deduction per month £110 TOTAL RENT PAYABLE PER MONTH £890[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 £890 per calendar month which equates to £205 per week.[13]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of £182 per week permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £182 per week is to be registered as the Fair rent with effect from 12th September 2025, this being the date of the Tribunal’s decision. 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.