2 New Cottage Sherenden Road Tudeley Tonbridge Kent TN11 0PA HAV/29UQ/F77/2024/0614
DECISION
The Tribunal determines a rent of £1,043.50 per calendar month with effect from 30th December 2024 SUMMARY REASONS Background[1]On 2nd September 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 £915 per month on 1st November 2022 following a determination by the Rent Officer.[3]On 18th October 2024 the Rent Officer registered a new rent of £969 per month for the property to take effect from the 1st November 2024.[4]On 29th October 2024 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]The Tribunal has considered the written submissions provided by the Landlord. The Tenant made no submission. Determination and Valuation[7]Having consideration to the comparable evidence provided 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 £1,650 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 the Tenant’s provision of white goods, carpets and curtains, an unmodernised kitchen and 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 £1,650 Less deductions for:- Tenants’ liability for internal decoration £60 Tenant’s provision of white goods £30 Tenant’s provision of carpets and curtains £75 Unmodernised kitchen £50 ____ Total deduction per month £215 TOTAL RENT PAYABLE PER MONTH £1,435[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 £1,435 per calendar month.[13]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of 1,043.50 permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £1,043.50 per month is to be registered as the Fair Rent with effect from 30th December 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/29UQ/F77/2024/0614 Property : 2 New Cottage Sherenden Road Tudeley Tonbridge Kent TN11 0PA Tenant : Mr D Lewis Representative : None Landlord : Trustees of Goldsmid Settled Estate Representative : Hadlow Estate Office 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 Ms C D Barton MRICS Date of Objection : 29th October 2024 Date of Summary Reasons : 30th December 2025 DECISION The Tribunal determines a rent of £1,043.50 per calendar month with effect from 30th December 2024 HAV/29UQ/F77/2024/0614 2 SUMMARY REASONS Background[1]On 2nd September 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 £915 per month on 1st November 2022 following a determination by the Rent Officer.[3]On 18th October 2024 the Rent Officer registered a new rent of £969 per month for the property to take effect from the 1st November 2024.[4]On 29th October 2024 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]The Tribunal has considered the written submissions provided by the Landlord. The Tenant made no submission. Determination and Valuation[7]Having consideration to the comparable evidence provided 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 £1,650 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 the Tenant’s provision of white goods, carpets and curtains, an unmodernised kitchen and 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. HAV/29UQ/F77/2024/0614 3[11]The full valuation is shown below: Full open market rent in good condition £1,650 Less deductions for:- Tenants’ liability for internal decoration £60 Tenant’s provision of white goods £30 Tenant’s provision of carpets and curtains £75 Unmodernised kitchen £50 ____ Total deduction per month £215 TOTAL RENT PAYABLE PER MONTH £1,435[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 £1,435 per calendar month.[13]The Section 70 Fair Rent determined by the Tribunal is above the maximum fair rent of 1,043.50 permitted by the Rent Acts (Maximum Fair Rent) Order 1999. Accordingly, the lower amount of £1,043.50 per month is to be registered as the Fair Rent with effect from 30th December 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.