84 Dankworth Road, Basingstoke, Hampshire RG22 4LH HAV/24UB/F77/2024/0504

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/24UB/F77/2024/0504
Between
M BarnesApplicantThe Guinness Partnership LtdRespondentMr & Mrs M BarnesTenantThe Guinness Partnership LtdLandlord
Before
Mr D Jagger MRICSMr C Davies FRICSDate 17 October 2024Property: 84 Dankworth Road, Basingstoke, Hampshire, RG22 4LH

DECISION

The sum of £255.00 per week will be registered as the fair rent with effect from 17th October 2024 being the date the Tribunal made the Decision. ____________________________________ © CROWN COPYRIGHT 2023 SUMMARY REASONS Background[1]Following an objection from the Tenant to the determination of a fair rent by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977. Evidence[3]The Tribunal has consideration of the Rent Officers calculations. Neither party submitted any written submissions or evidence of rental levels for comparable properties in the area. Determination and Valuation[4]Having consideration of our own expert, general knowledge of rental values in the Basingstoke area, we consider that the open market rent for the property in its current condition would be in the region of £300 per week. (£1,300 per month) From this level of rent we have made adjustments in relation to: no white goods, no carpets or curtains, tenants and terms of the tenancy which equates to approximately 15%[5]The Tribunal has not made an adjustment for scarcity as it considers there is a reasonable supply of similar rental properties in the general area[6]The full valuation is shown below: Market Rent £300 pw Less approx. 15% £45 Terms and condition Leaves £255[7]The Tribunal determines a rent of £255 per calendar week Decision[8]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £255 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £284.66 inclusive of £8.66 service charge. per calendar week The calculation of the capped rent is shown on the decision form. In this case the lower rent of £255 per week is to be registered as the fair rent for this property effect from 17th October 2024 being the date the Tribunal made the Decision.[9]It is often the case that market rents are in excess of those that may be charged by a social landlord as it is a significant part of their remit to provide affordable housing. As such, depending on the type of tenancy agreement, their calculation of rent is either at a percentage of market rent or by way of index. Comparison is made with open market rather than limited to other properties which are offered by social housing providers. It is assumed that the landlord will by usual convention of social landlord’s not to seek to increase the rent proposed in its original notice as a result of this determination. 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 subsequent application for permission to appeal should be made on Form RP PTA --- decision_2.pdf --- 1 Case Reference : HAV/24UB/F77/2024/0504 Property : 84 Dankworth Road, Basingstoke, Hampshire RG22 4LH Tenant : M Barnes Landlord : The Guinness Partnership Ltd Date of Objection : 7th May 2024 Type of Application : Section 70, Rent Act 1977 Tribunal : Mr D Jagger MRICS Mr C Davies FRICS Date of Summary Reasons : 17th October 2024 _______________________________________________ DECISION The sum of £255.00 per week will be registered as the fair rent with effect from 17th October 2024 being the date the Tribunal made the Decision. ____________________________________ © CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 SUMMARY REASONS Background[1]Following an objection from the Tenant to the determination of a fair rent by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977. Evidence[3]The Tribunal has consideration of the Rent Officers calculations. Neither party submitted any written submissions or evidence of rental levels for comparable properties in the area. Determination and Valuation[4]Having consideration of our own expert, general knowledge of rental values in the Basingstoke area, we consider that the open market rent for the property in its current condition would be in the region of £300 per week. (£1,300 per month) From this level of rent we have made adjustments in relation to: no white goods, no carpets or curtains, tenants and terms of the tenancy which equates to approximately 15%[5]The Tribunal has not made an adjustment for scarcity as it considers there is a reasonable supply of similar rental properties in the general area[6]The full valuation is shown below: Market Rent £300 pw Less approx. 15% £45 Terms and condition Leaves £255[7]The Tribunal determines a rent of £255 per calendar week 3 Decision[8]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £255 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £284.66 inclusive of £8.66 service charge. per calendar week The calculation of the capped rent is shown on the decision form. In this case the lower rent of £255 per week is to be registered as the fair rent for this property effect from 17th October 2024 being the date the Tribunal made the Decision.[9]It is often the case that market rents are in excess of those that may be charged by a social landlord as it is a significant part of their remit to provide affordable housing. As such, depending on the type of tenancy agreement, their calculation of rent is either at a percentage of market rent or by way of index. Comparison is made with open market rather than limited to other properties which are offered by social housing providers. It is assumed that the landlord will by usual convention of social landlord’s not to seek to increase the rent proposed in its original notice as a result of this determination. 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 subsequent application for permission to appeal should be made on Form RP PTA