Flat 4 Princes Gate George V Avenue Worthing West Sussex BN11 5RW HAV/45UH/F77/2024/0616
DECISION
The Tribunal determines a rent of £171 per week with effect from 10th February 2025. SUMMARY REASONS Background[1]On 16th 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 £130 per week on 28th November 2013 following a determination by the Rent Officer. £6.02 per week was noted as being attributable to services.[3]On 4th November 2024 the Rent Officer registered a new rent of £171 per week to take effect from 4th November 2024. £19.82 was noted as being attributable to services.[4]On 25th November 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 both the Tenant and the Landlord. 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 tenantable condition would be £1,000 per calendar month. Rents are normally expressed as a monthly figure. This includes a reduction to discount various Tenant’s improvements.[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. The Tribunal has also made adjustments for the Tenant’s responsibility for internal decoration and the dated kitchen and bathroom fittings.[10]The Tribunal noted the number 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 £50 Tenant’s provision of white goods £45 Tenant’s provision of carpets £50 Tenant’s provision of curtains £15 Dated kitchen and bathroom £100 ____ Total deduction per month £260 TOTAL RENT PAYABLE PER MONTH £740[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 £740 per calendar month which equates to £170.76, rounded to £171 per week.[13]The Section 70 Fair Rent determined by the Tribunal is below the maximum fair rent of £209 per week 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.[14]The Tribunal notes that the rent determined is more than the rent requested in the Landlord’s application. The Landlord is a Social Housing provider and is not obliged to charge this higher rent. 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 2025 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/45UH/F77/2024/0616 Property : Flat 4 Princes Gate George V Avenue Worthing West Sussex BN11 5RW Tenant : Ms A Hubbard Representative : None Landlord : The Hyde Group 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 M C Woodrow MRICS Judge C Rai Date of Objection : 25th November 2024 Date of Decision and Summary Reasons : 10th February 2025 DECISION The Tribunal determines a rent of £171 per week with effect from 10th February 2025. HAV/45UH/F77/2024/0616 2 SUMMARY REASONS Background[1]On 16th 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 £130 per week on 28th November 2013 following a determination by the Rent Officer. £6.02 per week was noted as being attributable to services.[3]On 4th November 2024 the Rent Officer registered a new rent of £171 per week to take effect from 4th November 2024. £19.82 was noted as being attributable to services.[4]On 25th November 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 both the Tenant and the Landlord. 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 tenantable condition would be £1,000 per calendar month. Rents are normally expressed as a monthly figure. This includes a reduction to discount various Tenant’s improvements.[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. The Tribunal has also made adjustments for the Tenant’s responsibility for internal decoration and the dated kitchen and bathroom fittings. HAV/45UH/F77/2024/0616 3[10]The Tribunal noted the number 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 £50 Tenant’s provision of white goods £45 Tenant’s provision of carpets £50 Tenant’s provision of curtains £15 Dated kitchen and bathroom £100 ____ Total deduction per month £260 TOTAL RENT PAYABLE PER MONTH £740[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 £740 per calendar month which equates to £170.76, rounded to £171 per week.[13]The Section 70 Fair Rent determined by the Tribunal is below the maximum fair rent of £209 per week 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.[14]The Tribunal notes that the rent determined is more than the rent requested in the Landlord’s application. The Landlord is a Social Housing provider and is not obliged to charge this higher rent. 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.