Flat B 99 Chamberlayne Road London NW10 3ND LON/00AE/F77/2025/0323

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AE/F77/2025/0323
Between
Mr A Chapman & Ms S BevanApplicantMiss H WebbRespondentMr S Bevan &Chapman & MissTenantMiss H WebbLandlord
Before
Mrs E Flint FRICSDate 21 January 2026Property: Flat B 99 Chamberlayne Road London, NW10 3ND

DECISION

This has been a hearing on the papers which has not been objected to by the parties. A face to face hearing was not held because, no-one requested the same and I determined that the matter could be dealt with on the papers. The documents which I was referred to were in a bundle the contents of which I have recorded. The registered rent with effect from 21 January 2026 is £920 per month. © CROWN COPYRIGHT 2026 Background[1]On 1 September 2025 the landlord applied to the rent officer for registration of a fair rent of £1000 per month for the above property.[2]The registered rent at the date of the application was £841 per month which had been registered by the Tribunal on 1 August 2023 with effect from the same date.[3]On 6 October 2025, the rent officer registered a fair rent of £910 per month with effect from the same date.[4]The tenant objected to the registered rent on 25 October 2025.[5]The tribunal issued Directions on 26 November 2025. The landlord made written representations, the tenant’s representations were in his objection letter.[6]The subject comprises a second floor flat above commercial premises close to Kensal Rise underground station and on a bus route. The accommodation comprises two rooms, kitchen and bathroom/wc. The flat is double glazed but not centrally heated. Access appears to be from the rear. Curtains, floor covering and white goods are the tenant’s. The Evidence[7]The landlord was of the opinion that the rent increase was reasonable. The loft had been insulated in 2020.[8]The tenant noted that the rent officer had not inspected prior to carrying out his valuation. He provided photographs of a repair to the ceiling where only the area of the replacement plaster had been repainted. He considered the increase excessive. The Law[9]When determining a fair rent I, in accordance with section 70 of the Rent Act 1977, must have regard to all the circumstances including the age, location and state of repair of the property. I also must disregard the effect of any relevant tenant’s improvements and the effect of any disrepair or any other defect attributable to the tenant or any predecessor in title under the regulated tenancy, on the rental value of the property. I am unable to take into account the tenant’s personal circumstances when assessing the fair rent.[10]In Spath Holme Ltd v Chairman of the Greater Manchester etc Committee (1995) 28 HLR 107 and Curtis v London Rent Assessment Committee (1999) QB 92 the Court of appeal emphasised: That ordinarily a fair rent is the market rent for the property discounted for scarcity i.e. that element, if any, of the market rent, that is attributable to there being a significant shortage of similar properties in the wider locality available for letting on similar terms to that of a regulated tenancy, and That for the purposes of determining the market rent, assured tenancy market rents are usually appropriate comparables; adjusted as necessary to reflect any relevant differences between the comparables and the subject property. Valuation[11]In the first instance I determined what rent the landlord could reasonably be expected to obtain for the property in the open market if it were let today in the condition and on the terms considered usual for such an open market letting. As neither party provided any rental evidence I relied on my own general knowledge of rents within Kensal Rise and concluded that if the flat was in the condition usually found on the open market it would let for £1650 per month.[12]However, it was first necessary to adjust the hypothetical rent of £1650 per month to allow for the differences between the terms and condition considered usual for such a letting and the condition of the actual property at the valuation date, ignoring any tenant’s improvements, (disregarding the effect of any disrepair or other defect attributable to the tenant or any predecessor in title). I determined that the hypothetical rent should be reduced by £500 to reflect the lack of central heating, modernisation, floor coverings, curtains and white goods and difference in terms and conditions.[13]This leaves an adjusted market rent for the subject property of £1150 per month. I am of the opinion that there is substantial scarcity for similar sized properties in Greater London and therefore made a deduction of approximately 20% for scarcity. The uncapped fair rent is £920 per month. Decision[14]The uncapped fair rent initially determined for the purposes of section 70, is below the maximum fair rent of £948 per month calculated under the Rent Acts (Maximum Fair Rent) Order 1999. Therefore, the rent will not be capped under the provisions of the Order.[15]Accordingly, the sum of £920 per month will be registered as the fair rent with effect from 21 January 2026 being the date of my decision. Chairman: Evelyn Flint Dated: 21 January 2026 ANNEX - RIGHTS OF APPEAL By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for-permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. Please note that if you are seeking permission to appeal against a decision made by the Tribunal under the Rent Act 1977, the Housing Act 1988 or the Local Government and Housing Act 1989, this can only be on a point of law. If the First-tier Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber). --- decision_2.pdf --- Case Reference : LON/00AE/F77/2025/0323 P:PAPERREMOTE Property : Flat B 99 Chamberlayne Road London NW10 3ND Applicant : Mr A Chapman & Ms S Bevan Respondent : Miss H Webb Date of Application : 25 October 2025 Type of Application : Determination of the registered rent under Section 70 Rent Act 1977 Tribunal : Mrs E Flint FRICS Date and venue of : 21 January 2026 Hearing remote on the papers _______________________________________________ DECISION ____________________________________ This has been a hearing on the papers which has not been objected to by the parties. A face to face hearing was not held because, no-one requested the same and I determined that the matter could be dealt with on the papers. The documents which I was referred to were in a bundle the contents of which I have recorded. The registered rent with effect from 21 January 2026 is £920 per month. © CROWN COPYRIGHT 2026 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Background[1]On 1 September 2025 the landlord applied to the rent officer for registration of a fair rent of £1000 per month for the above property.[2]The registered rent at the date of the application was £841 per month which had been registered by the Tribunal on 1 August 2023 with effect from the same date.[3]On 6 October 2025, the rent officer registered a fair rent of £910 per month with effect from the same date.[4]The tenant objected to the registered rent on 25 October 2025.[5]The tribunal issued Directions on 26 November 2025. The landlord made written representations, the tenant’s representations were in his objection letter.[6]The subject comprises a second floor flat above commercial premises close to Kensal Rise underground station and on a bus route. The accommodation comprises two rooms, kitchen and bathroom/wc. The flat is double glazed but not centrally heated. Access appears to be from the rear. Curtains, floor covering and white goods are the tenant’s. The Evidence[7]The landlord was of the opinion that the rent increase was reasonable. The loft had been insulated in 2020.[8]The tenant noted that the rent officer had not inspected prior to carrying out his valuation. He provided photographs of a repair to the ceiling where only the area of the replacement plaster had been repainted. He considered the increase excessive. The Law[9]When determining a fair rent I, in accordance with section 70 of the Rent Act 1977, must have regard to all the circumstances including the age, location and state of repair of the property. I also must disregard the effect of any relevant tenant’s improvements and the effect of any disrepair or any other defect attributable to the tenant or any predecessor in title under the regulated tenancy, on the rental value of the property. I am unable to take into account the tenant’s personal circumstances when assessing the fair rent.[10]In Spath Holme Ltd v Chairman of the Greater Manchester etc Committee (1995) 28 HLR 107 and Curtis v London Rent Assessment Committee (1999) QB 92 the Court of appeal emphasised: That ordinarily a fair rent is the market rent for the property discounted for scarcity i.e. that element, if any, of the market rent, that is attributable to there being a significant shortage of similar properties in the wider locality available for letting on similar terms to that of a regulated tenancy, and That for the purposes of determining the market rent, assured tenancy market rents are usually appropriate comparables; adjusted as necessary to reflect any relevant differences between the comparables and the subject property. Valuation[11]In the first instance I determined what rent the landlord could reasonably be expected to obtain for the property in the open market if it were let today in the condition and on the terms considered usual for such an open market letting. As neither party provided any rental evidence I relied on my own general knowledge of rents within Kensal Rise and concluded that if the flat was in the condition usually found on the open market it would let for £1650 per month.[12]However, it was first necessary to adjust the hypothetical rent of £1650 per month to allow for the differences between the terms and condition considered usual for such a letting and the condition of the actual property at the valuation date, ignoring any tenant’s improvements, (disregarding the effect of any disrepair or other defect attributable to the tenant or any predecessor in title). I determined that the hypothetical rent should be reduced by £500 to reflect the lack of central heating, modernisation, floor coverings, curtains and white goods and difference in terms and conditions.[13]This leaves an adjusted market rent for the subject property of £1150 per month. I am of the opinion that there is substantial scarcity for similar sized properties in Greater London and therefore made a deduction of approximately 20% for scarcity. The uncapped fair rent is £920 per month. Decision[14]The uncapped fair rent initially determined for the purposes of section 70, is below the maximum fair rent of £948 per month calculated under the Rent Acts (Maximum Fair Rent) Order 1999. Therefore, the rent will not be capped under the provisions of the Order.[15]Accordingly, the sum of £920 per month will be registered as the fair rent with effect from 21 January 2026 being the date of my decision. Chairman: Evelyn Flint Dated: 21 January 2026 ANNEX - RIGHTS OF APPEAL By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp- pta-application-for-permission-to-appeal-a-decision-to-the-upper-tribunal-lands- chamber The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. Please note that if you are seeking permission to appeal against a decision made by the Tribunal under the Rent Act 1977, the Housing Act 1988 or the Local Government and Housing Act 1989, this can only be on a point of law. If the First-tier Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).