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15-16 Mitford Buildings, Dawes Road, London SW6 7EW LON/00AN/F77/2024/0210
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No
LON/00AN/F77/2024/0210
Between
Miss Diane J Tombs
Applicant
Northumberland & Durham Property Trust Limited
Respondent
Miss Diane J Tombs
Tenant
Northumberland & Durham Property Trust Limited
Landlord
Before
Mr D Jagger MRICS
Mr C Piarroux JP
Date
23 October 2024
Property: 15-16 Mitford Buildings, Dawes Road, London , SW6 7EW
DECISION
The sum of
£166
per calendar week will be registered as the fair rent with effect from
23rd October 2024
, being the date, the Tribunal made the Decision. ____________________________________ © CROWN COPYRIGHT 2024 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 SUMMARY REASONS Background
[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 and Hearing
[2]
A hearing took place at 10am on the
23rd October 2024
attended by the tenant’s brother Matt Tombs. An inspection of the property took place on the
23rd October 2024
following the hearing in the presence of the tenant and her brother. Evidence
[3]
The Tribunal received a completed Reply Form from the landlord and the tenant together with a helpful floor plan. During the hearing, Mr Tombs explained the history and background of this property. Therefore, for clarity, the Tribunal are required to value the property before the tenant’s building works in 1987 which amalgamated the former flats 13-14 and 15-16. Prior to these works the property was a non-self-contained fifth floor flat with shared lavatory and wash basin facilities. The reality is that following these works we have a self-contained 2 bedroom with two living rooms. This is a somewhat bizarre situation, and the Tribunal urges the parties to resolve the matter prior to any further rental increases. Determination and Valuation
[4]
Having consideration of our own expert, general knowledge of rental values in the Fulham area, we consider that the open market rent for the property in its current condition would be in the region of
£415
per calendar week. (
£1.800
per month) From this level of rent we have made adjustments in relation to: Terms of tenancy, no white goods, no carpets or curtains, no central heating, dated kitchen fittings, shared lavatory facilities with no bathroom, no working lift and tenant’s improvements which equates to 50%
[5]
The Tribunal has also made an adjustment for scarcity at 20%
[6]
The full valuation is shown below: Market Rent
£415
pw 3 Less approx. 50%
£207.50
£207.50
Less Scarcity approx. 20% 41.50
£166.00
Decision
[7]
The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was
£166.00
per calendar week. The capped rent for the property according to the provisions of the
Rent Acts (Maximum Fair Rent) Order 1999
is calculated at
£198.00
per calendar week. The calculation of the capped rent is shown on the decision form.
[8]
In this case therefore the lower rent of
£166.00
per calendar week is to be registered as the fair rent or this property. Chairman: Duncan Jagger MRICS Date:
23 October 2024
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 subsequent application for permission to appeal should be made on Form RP PTA
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