Station House Station Road Charing Kent TN27 0JA HAV/29UB/F77/2024/0505

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/29UB/F77/2024/0505
Mr L WenhamApplicantThe Arch CompanyRespondentMr L WenhamTenantThe Arch CompanyLandlord
Mr I R Perry FRICSMr J S Reichel MRICSNone Landlord : The Arch Company Representative : None for the ApplicantDate 21 October 2024Property: Station House, Station Road, Charing, Kent, TN27 0JA

DECISION

The Tribunal determines a rent of £198.50 per week with effect from 21st October 2024 SUMMARY REASONS Background[1]On 26th June 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 £143 per week on 24th September 2019 following a determination by the Rent Officer.[3]On 8th August 2024 the Rent Officer registered a new rent of £178 per week for the property to take effect from the 24th September 2024.[4]On 16th August 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. 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 tenable condition would be £1,400 per calendar month. Market rents are usually quoted as a monthly figure.[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 white goods, flooring and curtains, internal decoration liability, partial central heating, dated kitchen and bathroom fittings, location and antisocial behaviour.[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 monthly open market rent in good condition £1400 Less deductions for:- Tenants’ liability for internal decoration £50 Tenant’s provision of white goods £30 Tenant’s provision of carpets and curtains £75 Partial central heating £50 Dated kitchen and bathroom £150 Location £150 ____ Total deduction per month £505 TOTAL RENT PAYABLE PER MONTH £895 TOTAL RENT PAYABLE PER WEEK £206.54[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 £206.54 per week.[13]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of £198.50 per week permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £198.50 is to be registered as the Fair Rent with effect from 21st October 2024, this being the date of the Tribunal’s 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/29UB/F77/2024/0505 Property : Station House Station Road Charing Kent TN27 0JA Tenant : Mr L Wenham Representative : None Landlord : The Arch Company 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 J S Reichel MRICS Date of Objection : 16th August 2024 Date of Summary Reasons : 21st October 2024 DECISION The Tribunal determines a rent of £198.50 per week with effect from 21st October 2024 HAV/29UB/F77/2024/0505 2 SUMMARY REASONS Background[1]On 26th June 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 £143 per week on 24th September 2019 following a determination by the Rent Officer.[3]On 8th August 2024 the Rent Officer registered a new rent of £178 per week for the property to take effect from the 24th September 2024.[4]On 16th August 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. 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 tenable condition would be £1,400 per calendar month. Market rents are usually quoted as a monthly figure.[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 white goods, flooring and curtains, internal decoration liability, partial central heating, dated kitchen and bathroom fittings, location and antisocial behaviour.[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/29UB/F77/2024/0505 3 Full monthly open market rent in good condition £1400 Less deductions for:- Tenants’ liability for internal decoration £50 Tenant’s provision of white goods £30 Tenant’s provision of carpets and curtains £75 Partial central heating £50 Dated kitchen and bathroom £150 Location £150 ____ Total deduction per month £505 TOTAL RENT PAYABLE PER MONTH £895 TOTAL RENT PAYABLE PER WEEK £206.54[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 £206.54 per week.[13]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of £198.50 per week permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £198.50 is to be registered as the Fair Rent with effect from 21st October 2024, this being the date of the Tribunal’s 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.