Flat 11, 3 Cleve Road, Camden London NW6 3RG LON/00AG/F77/2025/0197
REASONS
[1]On 12 February 2025 the landlord applied to the Rent Officer for registration of a fair rent. The rent stated as payable at the time of the application was said to be £426 pw. There was no service charge. The landlord sought a new rent of £500 pw.[2]With effect from 12 April 2025, the Rent Officer registered a fair rent of £395 pw. There was no note of the uncapped fair rent. There was an objection to the new fair rent from the landlord. The First Tier Tribunal was notified of this objection and a request for a fresh determination of the rent. Directions[3]Directions of 3 July 2025 were issued by the Tribunal, for case progression. Neither party requested a hearing. Representations[4]Standard Reply Forms were issued by the Tribunal prior and both parties invited to complete and return them. The Tribunal did receive any completed forms. Inspection[5]The Tribunal did not inspect the Property. The Tribunal was however able to externally view it from Google Streetview (@ June 2015). The Property appeared to be part of a former detached family home from the late Victorian period. Formerly arranged as a house the building within which the Property was located, was now mostly subdivided into smaller dwellings as flats on one or more levels.[6]The Property is located in South Hampstead in a residential area. There is some off street parking and restricted on street parking. The former house within which the Property is located, and most of the road and surrounding area are part of a larger originally late Victorian residential housing block with roads of buildings similar age and condition many converted to flats.[7]Externally the building at No. 3, appeared to be in good condition, with fair faced brick walls and a mansard form, slated roof over. There is accommodation in the building on 4 levels, assuming no basement space. The Property has a bedroom, living room, kitchen ‘recess’ and shower room/ all at ground floor level. There is a front yard and garden to the building.[8]There appears to be wooden double hung sash single glazed windows to the whole building including the Property but, central heating to all as well. There is no information on the condition of the kitchen and bathroom and these are assumed to be both functional and modern. Similarly there is very little information on the landlord carpets and curtains again assumed in functional and good order despite the original tenancy dating from 1980.[9]The Tribunal is grateful for such representations as were received from the parties. Law[10]When determining a fair rent the Committee, in accordance with the Rent Act 1977, section 70, had regard to all the circumstances including the age, location and state of repair of the property. It also disregarded the effect of(a) any relevant tenant's improvements and(b) the effect of any disrepair or other defect attributable to the tenant or any predecessor in title under the regulated tenancy, on the rental value of the property.[11]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 emphasized(a) 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 - other than as to rent - to that of the regulated tenancy) and(b) that for the purposes of determining the market rent, assured tenancy (market) rents are usually appropriate comparables. (These rents may have to be adjusted where necessary to reflect any relevant differences between those comparables and the subject property).[12]Where the condition of a property is poorer than that of comparable properties, so that the rents of those comparables are towards twice that proposed rent for the subject property, it calls into question whether or not those transactions are truly comparable. Would prospective tenants of modernized properties in good order consider taking a tenancy of an un-modernised house in poor repair and with only basic facilities or are they in entirely separate lettings markets? The problem for the Tribunal is that the only evidence of value levels available to us is of modernised properties. We therefore have to use this but make appropriate discounts for the differences, rather than ignore it and determine a rent entirely based on our own knowledge and experience, whenever we can.[13]On the evidence of the comparable lettings and our own general knowledge of market rent levels in and around South Hampstead, Camden, the Tribunal accepts that the Property would let on normal Assured Shorthold Tenancy (AST) terms, for £500 pw. This then, is the appropriate starting point from which to determine the rent of the Property as it falls to be valued.[14]The Tribunal noted the absence of double glazed units to the windows; but assumed the remainder of the Property was modern and in good order including the kitchen and bathroom fittings, carpets and curtains provision and without any significant outstanding repairs. A deduction for the shortcoming amounts to £50 pw, so that the adjusted market rent is £450 pw.[15]The Tribunal also has to consider the element of scarcity and whether demand exceeded supply. The Tribunal found that there was scarcity in the locality of Camden for this type of property and makes a further deduction of 20% from the adjusted market rent, leaving an uncapped fair rent of £360 pw.[16]The fair rent to be registered on this basis alone would be £360 pw, but, the new rent can be limited by the statutory Maximum Fair Rent Cap calculation. The MFRC limits any increase to the change in RPI (set two months prior at each date), between the date of the last registration of a fair rent and the current, plus 5%. The calculations are shown in the MFR form and this caps the new fair rent at £482 pw. As the MFR cap is well above the uncapped fair rent above, the new fair rent will be uncapped and remain at £360 pw. The new fair rent is therefore registered at this figure.[17]The Rent Act makes no allowance for the Tribunal to take account of hardship arising from the new rent payable compared with the existing rent registered. The landlord is entitled but, not compelled, to charge the tenants rent at the registered figure from the effective date below. The landlord may not charge more than the fair rent but may charge less if it wishes to, or is otherwise required to, under other regulations which may limit its increases in rent as a landlord. Chairman N Martindale FRICS Dated 28 August 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 either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013). 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. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber). First-tier Tribunal – Property Chamber File Ref No. LON/00AG/F77/2025/0197 Notice of the Tribunal Decision Rent Act 1977 Schedule 11 Address of Premises The Tribunal members were Flat 11, 3 Cleve Road Camden London NW6 3RG Mr N Martindale FRICS Landlord Bailor invest & Finance Ltd Tenant Mr Geoffrey Browne[1]The fair rent is £360 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3&4) The effective date is 28 August 2025[3]The amount for services is nil Per negligible/not applicable[4]The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is nil Per negligible/not applicable The rent is not to be registered as variable.[6]The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply.[7]Details (other than rent) where different from Rent Register entry As register entry and included: furniture: bed, sofa, armchair, table, chairs, wardrobe[8]For information only: The fair rent to be registered is the maximum fair rent of £481.78 pcm as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The MFR cap does not apply as the fair rent is well below. The uncapped Fair Rent without the MFR capping provisions, is as stated at box 1. Chairman N A Martindale Date of decision 28 August 2025 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE (2 months prior) X 394.00 PREVIOUS RPI FIGURE (2 months prior) Y 364.50 X 394,00 Minus Y 364.50 =(a) (A) 29.5 (A) 29.5 Divided by Y 364.50 =(b) (B) 0.0809 First application for re-registration since 1 February 1999 NO If yes (B) plus 1.075 =(c) (C) If no (B) plus 1.05 = (C) 1.1309 Last registered rent* £426 pcm Multiplied by (C) = £481.78 pcm *(exclusive of any variable service charge) Rounded up to nearest 50p = £482 pcm Variable service charge No If YES add amount for services MAXIMUM FAIR RENT = £482 Per Calendar month 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 --- © CROWN COPYRIGHT 2013 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AG/F77/2025/0197 Property : Flat 11, 3 Cleve Road, Camden London NW6 3RG Applicant : Bailor Invest & Finance Ltd (Landlord) Representative : Cedar Estates (Agent) Respondent : Geoffrey Browne (Tenant) Representative : None Type of Application : S.70 Rent Act 1977 – Determination of a new fair rent Tribunal Members : Mr N. Martindale FRICS Date and venue of Meeting : 28 August 2025 First Tier Tribunal (London) HMCTS 10 Alfred Place, London WC1E 7LR Date of Decision : 28 August 2025 REASONS FOR DECISION Background 1 On 12 February 2025 the landlord applied to the Rent Officer for registration of a fair rent. The rent stated as payable at the time of the application was said to be £426 pw. There was no service charge. The landlord sought a new rent of £500 pw. 2 With effect from 12 April 2025, the Rent Officer registered a fair rent of £395 pw. There was no note of the uncapped fair rent. There was an 2 objection to the new fair rent from the landlord. The First Tier Tribunal was notified of this objection and a request for a fresh determination of the rent. Directions 3 Directions of 3 July 2025 were issued by the Tribunal, for case progression. Neither party requested a hearing. Representations 4 Standard Reply Forms were issued by the Tribunal prior and both parties invited to complete and return them. The Tribunal did receive any completed forms. Inspection 5 The Tribunal did not inspect the Property. The Tribunal was however able to externally view it from Google Streetview (@ June 2015). The Property appeared to be part of a former detached family home from the late Victorian period. Formerly arranged as a house the building within which the Property was located, was now mostly subdivided into smaller dwellings as flats on one or more levels. 6 The Property is located in South Hampstead in a residential area. There is some off street parking and restricted on street parking. The former house within which the Property is located, and most of the road and surrounding area are part of a larger originally late Victorian residential housing block with roads of buildings similar age and condition many converted to flats. 7 Externally the building at No. 3, appeared to be in good condition, with fair faced brick walls and a mansard form, slated roof over. There is accommodation in the building on 4 levels, assuming no basement space. The Property has a bedroom, living room, kitchen ‘recess’ and shower room/ all at ground floor level. There is a front yard and garden to the building. 8 There appears to be wooden double hung sash single glazed windows to the whole building including the Property but, central heating to all as well. There is no information on the condition of the kitchen and bathroom and these are assumed to be both functional and modern. Similarly there is very little information on the landlord carpets and curtains again assumed in functional and good order despite the original tenancy dating from 1980.[9]The Tribunal is grateful for such representations as were received from the parties. 3 Law[10]When determining a fair rent the Committee, in accordance with the Rent Act 1977, section 70, had regard to all the circumstances including the age, location and state of repair of the property. It also disregarded the effect of(a) any relevant tenant's improvements and(b) the effect of any disrepair or other defect attributable to the tenant or any predecessor in title under the regulated tenancy, on the rental value of the property.[11]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 emphasized(a) 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 - other than as to rent - to that of the regulated tenancy) and(b) that for the purposes of determining the market rent, assured tenancy (market) rents are usually appropriate comparables. (These rents may have to be adjusted where necessary to reflect any relevant differences between those comparables and the subject property).[12]Where the condition of a property is poorer than that of comparable properties, so that the rents of those comparables are towards twice that proposed rent for the subject property, it calls into question whether or not those transactions are truly comparable. Would prospective tenants of modernized properties in good order consider taking a tenancy of an un-modernised house in poor repair and with only basic facilities or are they in entirely separate lettings markets? The problem for the Tribunal is that the only evidence of value levels available to us is of modernised properties. We therefore have to use this but make appropriate discounts for the differences, rather than ignore it and determine a rent entirely based on our own knowledge and experience, whenever we can.[13]On the evidence of the comparable lettings and our own general knowledge of market rent levels in and around South Hampstead, Camden, the Tribunal accepts that the Property would let on normal Assured Shorthold Tenancy (AST) terms, for £500 pw. This then, is the appropriate starting point from which to determine the rent of the Property as it falls to be valued.[14]The Tribunal noted the absence of double glazed units to the windows; but assumed the remainder of the Property was modern and in good order including the kitchen and bathroom fittings, carpets and curtains provision and without any significant outstanding repairs. A deduction 4 for the shortcoming amounts to £50 pw, so that the adjusted market rent is £450 pw.[15]The Tribunal also has to consider the element of scarcity and whether demand exceeded supply. The Tribunal found that there was scarcity in the locality of Camden for this type of property and makes a further deduction of 20% from the adjusted market rent, leaving an uncapped fair rent of £360 pw.[16]The fair rent to be registered on this basis alone would be £360 pw, but, the new rent can be limited by the statutory Maximum Fair Rent Cap calculation. The MFRC limits any increase to the change in RPI (set two months prior at each date), between the date of the last registration of a fair rent and the current, plus 5%. The calculations are shown in the MFR form and this caps the new fair rent at £482 pw. As the MFR cap is well above the uncapped fair rent above, the new fair rent will be uncapped and remain at £360 pw. The new fair rent is therefore registered at this figure.[17]The Rent Act makes no allowance for the Tribunal to take account of hardship arising from the new rent payable compared with the existing rent registered. The landlord is entitled but, not compelled, to charge the tenants rent at the registered figure from the effective date below. The landlord may not charge more than the fair rent but may charge less if it wishes to, or is otherwise required to, under other regulations which may limit its increases in rent as a landlord. Chairman N Martindale FRICS Dated 28 August 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 either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013). 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 5 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. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).