52 Down Ampney Cirencester Gloucestershire GL7 5QW HAV/23UC/F77/2024/0507
DECISION
The Tribunal determines a rent of £1,050 per calendar month with effect from 21st October 2024 SUMMARY REASONS Background[1]On 17th May 2024 the Landlord’s Agent 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 £915 per month on 8th July 2024 following a determination by the Rent Officer.[3]On 16th July 2024 the Rent Officer registered a new rent of £954.50 for the property to take effect from the 4th August 2024.[4]On 28th August 2024 the Landlord’s Agent 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 both Parties. Determination and Valuation[7]Having given 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 tenable condition would be £1,600 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. In particular the Tribunal has made the adjustments for internal decoration, white goods, carpets and curtains, tenant’s kitchen, dated bathroom and general disrepair.[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 Energy Performance Rating for the property is ‘D’.[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 £40 Tenant’s provision of curtains £20 Tenants’ kitchen fittings £100 Dated bathroom £50 General wants of repair £250 ____ Total deduction per month £550 TOTAL RENT PAYABLE PER MONTH £1,050[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 £1,050 per calendar month.[14]The Section 70 Fair Rent determined by the Tribunal is below or equal to the maximum fair rent of £1,082 permitted by the Rent Acts (Maximum Fair Rent) Order 1999 details of which are shown on the rear of the Decision Notice and accordingly we determine that the limit set by the Order does not apply in this case. 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/23UC/F77/2024/0507 Property : 52 Down Ampney Cirencester Gloucestershire GL7 5QW Tenant : Mr E H Crellin Representative : None Landlord : BPT (Bradford Property Trust) Ltd Representative : Grainger Plc 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 J S Reichel MRICS Date of Objection : 28th August 2024 Date of Summary Reasons : 21st October 2024 DECISION The Tribunal determines a rent of £1,050 per calendar month with effect from 21st October 2024 HAV/23UC/F77/2024/0507 2 SUMMARY REASONS Background[1]On 17th May 2024 the Landlord’s Agent 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 £915 per month on 8th July 2024 following a determination by the Rent Officer.[3]On 16th July 2024 the Rent Officer registered a new rent of £954.50 for the property to take effect from the 4th August 2024.[4]On 28th August 2024 the Landlord’s Agent 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 both Parties. Determination and Valuation[7]Having given 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 tenable condition would be £1,600 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. In particular the Tribunal has made the adjustments for internal decoration, white goods, carpets and curtains, tenant’s kitchen, dated bathroom and general disrepair.[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 Energy Performance Rating for the property is ‘D’.[12]The full valuation is shown below: HAV/23UC/F77/2024/0507 3 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 £40 Tenant’s provision of curtains £20 Tenants’ kitchen fittings £100 Dated bathroom £50 General wants of repair £250 ____ Total deduction per month £550 TOTAL RENT PAYABLE PER MONTH £1,050[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 £1,050 per calendar month.[14]The Section 70 Fair Rent determined by the Tribunal is below or equal to the maximum fair rent of £1,082 permitted by the Rent Acts (Maximum Fair Rent) Order 1999 details of which are shown on the rear of the Decision Notice and accordingly we determine that the limit set by the Order does not apply in this case. 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.