Flat B, 137 St. Pancras Way, London NW1 0SY LON/00AG/F77/2025/0131

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AG/F77/2025/0131
Between
Mr Nicholas Patrick BrennanApplicantOrigin HARespondentMr Nicholas Patrick BrennanTenantOrigin HALandlord
Before
Mrs S Phillips MRICSDate 20 June 2025Property: Flat B, 137 St. Pancras Way, London, NW1 0SY

DECISION

The sum of £147.01 per week will be registered as the fair rent with effect from 20 June 2025, being the date, the Tribunal made the Decision. ____________________________________ © CROWN COPYRIGHT 2023 SUMMARY 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. 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 parties other than the Tenant’s original objection to the determination of fair rent by the Rent Officer. Determination and Valuation[4]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 £430 per week. From this level of rent we have made adjustments in relation to the Tenant’s decoration liability, no provision of white goods and no provision for floor coverings or curtains.[5]The Tribunal has also made an adjustment for scarcity.[6]The full valuation is shown below: per week Market Rent £430 Less Tenant’s decoration liability ) 5% No white goods ) 5% No floor coverings / curtains ) 5% £64.50 £365.50 Less Scarcity approx. 20% £73.10 £292.40 Say £292.00[7]The Tribunal determines a rent of £292.00 per week and this equates to £1,265.33 per calendar month. Decision[8]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £292.00 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £147.01 per week. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £147.01 per week is to be registered as the fair rent or this property.[9]We should comment that the rent fixed by the Tribunal is the maximum rent and the Landlord may not charge a rent above that figure. However, in many cases when the Landlord is a Registered Social Landlord, the rent charged may be significantly less than the rent fixed by the Tribunal. Indeed, the Landlord seems to be seeking a rent of £117.77 per week. Chairman: Mrs S Phillips MRICS Date: 20 June 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 First-tier Tribunal – Property Chamber File Ref No. LON/00AG/F77/2025/0131 Notice of the Tribunal Decision Rent Act 1977 Schedule 11 Address of Premises The Tribunal members were Flat B, 137 St. Pancras Way London NW1 0SY Mrs S Phillips MRICS Landlord Origin HA Tenant Mr Nicholas Patrick Brennan[1]The fair rent is £147.01 Per week (excluding water rates and council tax but including any amounts in paras 3&4) The effective date is 20 June 2025[3]The amount for services is £16.01 Per week negligible/not applicable[4]The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is - Per - negligible/not applicable The rent is/is not to be registered as variable.[6]The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf)/ do not apply because 1st registration/15% exemption.[7]Details (other than rent) where different from Rent Register entry[8]For information only:(a) The fair rent to be registered is the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The rent that would otherwise have been registered was £ 292.00 per week including £ 16.01 per week for services (variable).(b) The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is the same as/below the maximum fair rent of £ per including £ per for services (variable) prescribed by the Order. Chairman Mrs S Phillips MRICS Date of decision 20 June 2025 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE X 402.2 PREVIOUS RPI FIGURE Y 259.8 X 402.2 Minus Y 259.8 = (A) 142.4 (A) 142.4 Divided by Y 259.8 = (B) 0.598113934 First application for re-registration since 1 February 1999 YES/NO If yes (B) plus 1.075 =(c) (C) If no (B) plus 1.05 = (C) 1.598113934 Last registered rent* 81.74 Multiplied by (C) = 130.63 *(exclusive of any variable service charge) Rounded up to nearest 50p = 131 Variable service charge YES / NO If YES add amount for services 16.01 MAXIMUM FAIR RENT = £147.01 Per week Explanatory Note[1]The calculation of the maximum fair rent, in accordance with the formula contained in the Order, is set out above.[2]In summary, the formula provides for the maximum fair rent to be calculated by:(a) increasing the previous registered rent by the percentage change in the retail price index (the RPI) since the date of that earlier registration and(b) adding a further 7.5% (if the present application was the first since 1 February 1999) or 5% (if it is a second or subsequent application since that date). A 7.5% increase is represented, in the calculation set out above, by the addition of 1.075 to (B) and an increase of 5% is represented by the addition of 1.05 to (B). The result is rounded up to the nearest 50 pence.[3]For the purposes of the calculation the latest RPI figure (x) is that published in the calendar month immediately before the month in which the Tribunal’s fair rent determination was made.[4]The process differs where the tenancy agreement contains a variable service charge and the rent is to be registered as variable under section 71(4) of the Rent Act 1977. In such a case the variable service charge is removed before applying the formula. When the amount determined by the application of the formula is ascertained the service charge is then added to that sum in order to produce the maximum fair rent. --- decision_2.pdf --- 1 Case Reference : LON/00AG/F77/2025/0131 Property : Flat B, 137 St. Pancras Way, London NW1 0SY Tenant : Mr Nicholas Patrick Brennan Landlord : Origin HA Date of Objection : 18 February 2025 Type of Application : Section 70, Rent Act 1977 Tribunal : Mrs S Phillips MRICS Date : 20 June 2025 _______________________________________________ DECISION The sum of £147.01 per week will be registered as the fair rent with effect from 20 June 2025, being the date, the Tribunal made the Decision. ____________________________________ © CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 SUMMARY 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. 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 parties other than the Tenant’s original objection to the determination of fair rent by the Rent Officer. Determination and Valuation[4]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 £430 per week. From this level of rent we have made adjustments in relation to the Tenant’s decoration liability, no provision of white goods and no provision for floor coverings or curtains.[5]The Tribunal has also made an adjustment for scarcity.[6]The full valuation is shown below: per week Market Rent £430 Less Tenant’s decoration liability ) 5% No white goods ) 5% No floor coverings / curtains ) 5% £64.50 £365.50 Less Scarcity approx. 20% £73.10 £292.40 Say £292.00[7]The Tribunal determines a rent of £292.00 per week and this equates to £1,265.33 per calendar month. 3 Decision[8]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £292.00 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £147.01 per week. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £147.01 per week is to be registered as the fair rent or this property.[9]We should comment that the rent fixed by the Tribunal is the maximum rent and the Landlord may not charge a rent above that figure. However, in many cases when the Landlord is a Registered Social Landlord, the rent charged may be significantly less than the rent fixed by the Tribunal. Indeed, the Landlord seems to be seeking a rent of £117.77 per week. Chairman: Mrs S Phillips MRICS Date: 20 June 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