Flat 32 Clifford House,1 Calverley Close, Beckenham, Kent BR3 1UH LON/00AF/F77/2024/0656

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AF/F77/2024/0656
Between
Ms S PartridgeApplicantThe Riverside Group LtdRespondentMs S PartridgeTenantThe Riverside Group LtdLandlord
Before
Judge S BrilliantMs S Redmond [ ] RICSDate 14 January 2025Property: Flat 32, Clifford House, 1 Calverley Close, Beckenham, Kent BR3 1UH

DECISION

[1]The sum of £229.92 per week will be registered as the fair rent with effect from 14 January 2025, being the date the Tribunal made the Decision. ____________________________________

REASONS

[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.[2]The lease was granted on 16 November 1987. The property is a maisonette, built in the 1970’s. It consists of one room and a kitchen on the first floor and two rooms and a bathroom/WC on the second floor. It is said to include a car space. Inspection[3]The Tribunal did not inspect the maisonette but considered this case on the basis of the papers provided by the parties. Evidence[4]The Tribunal has consideration of the written submissions provided by the Tenant. The Tenant’s objections[5]The Tenant says firstly that the rent register shows she has the benefit of a car space, she denies this. However, it does appear on the previous registration and we do not have sight of the lease to disprove this.[6]The Tenant says secondly that her block is due to be demolished. However, we are valuing the maisonette at the current date. There is no evidence offered of the current standard by either party. Accordingly, we make no reduction because of this. Determination and Valuation[7]Having consideration 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 in the region of £380.00 per week.[8]We make a deduction from the open market rent to allow for:(a) the difference between the condition of the maisonette and a property in good tenantable condition; and(b) the decorating obligations in the lease; and(c) the provision of floor coverings, curtains etc. What about white goods referred to by the RO?[9]The amount we allow for reductions is 25%, giving an adjusted figure of £285.00 per week.[10]From this figure we deduct the service charge of £9.20 per week, resulting in a figure of £275.80.[11]We allow a reduction of 20% for scarcity which is £55.16. This produces a figure of £220.64 per week.[12]It is then necessary to add back on the service charge of £9.20 per week.[13]This produces a fair rent of £229.84 per week. Decision[14]The Tribunal therefore determines a rent of £229.84 per week for the purposes of section 70 Rent Act 1977. Chairman: Simon Brilliant Date: 14 January 2025 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 the Tribunal Form RP PTA which is available at https://www.gov.uk/government/publications/form-rp-pta-application-for-permission-toappeal-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 --- 1 Case Reference : LON/00AF/F77/2024/0656 Property : Flat 32 Clifford House,1 Calverley Close, Beckenham, Kent BR3 1UH Tenant : Ms S Partridge Landlord : The Riverside Group Ltd Date of Objection : 12 September 2024 Type of Application : Section 70, Rent Act 1977 Tribunal : Judge S Brilliant Ms S Redmond [ ] RICS Date : 14 January 2025 _______________________________________________ DECISION The sum of £229.92 per week will be registered as the fair rent with effect from 14 January 2025, being the date the Tribunal made the Decision. ____________________________________ © CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 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.[2]The lease was granted on 16 November 1987. The property is a maisonette, built in the 1970’s. It consists of one room and a kitchen on the first floor and two rooms and a bathroom/WC on the second floor. It is said to include a car space. Inspection[3]The Tribunal did not inspect the maisonette but considered this case on the basis of the papers provided by the parties. Evidence[4]The Tribunal has consideration of the written submissions provided by the Tenant. The Tenant’s objections[5]The Tenant says firstly that the rent register shows she has the benefit of a car space, she denies this. However, it does appear on the previous registration and we do not have sight of the lease to disprove this.[6]The Tenant says secondly that her block is due to be demolished. However, we are valuing the maisonette at the current date. There is no evidence offered of the current standard by either party. Accordingly, we make no reduction because of this. Determination and Valuation[7]Having consideration 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 in the region of £380.00 per week.[8]We make a deduction from the open market rent to allow for:(a) the difference between the condition of the maisonette and a property in good tenantable condition; and(b) the decorating obligations in the lease; and(c) the provision of floor coverings, curtains etc. What about white goods referred to by the RO?[9]The amount we allow for reductions is 25%, giving an adjusted figure of £285.00 per week.[10]From this figure we deduct the service charge of £9.20 per week, 3 resulting in a figure of £275.80.[11]We allow a reduction of 20% for scarcity which is £55.16. This produces a figure of £220.64 per week.[12]It is then necessary to add back on the service charge of £9.20 per week.[13]This produces a fair rent of £229.84 per week. Decision[14]The Tribunal therefore determines a rent of £229.84 per week for the purposes of section 70 Rent Act 1977. Chairman: Simon Brilliant Date: 14 January 2025 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 the Tribunal Form RP PTA which is available at https://www.gov.uk/government/publications/form-rp-pta-application-for- permission-toappeal-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 4 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).