Mr D & Mrs V ClarkApplicantA2Dominion GroupRespondentMr D & Mrs V ClarkTenantA2Dominion GroupLandlord
Before
Mr A Harris LLM FRICS FCIArbDate 20 May 2025Property: 46 Homefield Road, Bromley, Kent, BR1, 3AL
DECISION
[1]The sum of £1008.00 per month will be registered as the fair rent with effect from 20 May 2025, being the date the Tribunal made the Decision. ____________________________________[3]FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
REASONS
[1]Following an objection from the Landlord 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. Inspection[2]The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties. Evidence[3]There were no written submissions from the landlord relating to the rent but the landlord did confirm that this is a social rented tenancy. The landlord sought to withdraw the appeal that as the applicant is the tenant, only the tenant could withdraw it.[4]The tenant wrote to the tribunal objecting to the level of rent registered and it was considerably above the social rent they currently pay.[5]No rental evidence was provided by either party. Determination and Valuation[6]In the absence of rental comparables provided by the parties the tribunal has relied on its own expert, general knowledge of rental values in the area. We consider that the open market rent for the property in the condition and with the amenities the market would expect would be in the region of £1800 per month. From this level of rent we have made adjustments in relation to:a. No carpets curtains or white goodsb. General condition The Tribunal has also made an adjustment for scarcity.[7]The full valuation is shown below: 3[8]The Tribunal determines a s70 rent of £1008.00 per month.
Decision
[10]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £1008.00 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £1049.50 per week The calculation of the capped rent is shown on the decision form. In this case the lower rent of £1008 per month is to be registered as the fair rent for this property.[11]The tribunal notes the landlord’s letter that the rent paid by the tenant is a social rent which can only be increased by the rise in the Consumer Prices Index plus 1%. The jurisdiction of the tribunal is limited to finding a fair rent as set out in the Rent Act and it has no power over the level of a social rent. If applicable, it is the lower of the social rent and fair rent which is due from the tenant. Chairman: A Harris Date: 20 May 2025 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 Fair rent PCM Market rent 1,800.00 £ less condition & terms 30% 540.00 -£ adjusted rent 1,260.00 £ less scarcity off adj rent 20% 252.00 -£ Fair rent 1,008.00 £