Flat A 373 Fulham Palace Road, London SW6 6TA LON/00AN/F77/2025/0043

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AN/F77/2025/0043
Between
Ms Samantha McHughApplicantNotting Hill GenesisRespondentMs Samantha McHughTenantNotting Hill GenesisLandlord
Before
Mr D Jagger MRICSMr O MillerDate 17 July 2025Property: Flat A 373 Fulham Palace Road, London, SW6 6TA

DECISION

The sum of £223 per calendar week will be registered as the fair rent with effect from 10 June 2025, being the date, the Tribunal made the Decision. ____________________________________ © CROWN COPYRIGHT 2024 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.[2]The parties did not request a hearing or inspection to determine this matter and the Tribunal agreed with this arrangement and considered this case on the basis of the papers provided by the parties and the Rent Officer with the assistance of Rightmove and Google Maps. Evidence[3]The Tribunal did not receive completed Reply Statements from the parties or evidence of market rents in the area. The Tribunal had before it, the Rent Officers two Registrations and calculations for the most recent registration on the 3 February 2025. Determination and Valuation[4]Having consideration of the Landlords evidence and 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 £577 per calendar week. From this level of rent we have made adjustments in relation to: Terms of tenancy, no white goods, no carpets or curtains, mould to the ceilings. This equates to approximately 20%[5]The Tribunal has also made an adjustment for scarcity at 20%[6]The full valuation is shown below: Market Rent £577 pw Less approx. 20% £115.40 £461.60 Less Scarcity approx. 20% £92.32 £369.28 pw Decision[7]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £369.28 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 £223 per calendar week. The calculation of the capped rent is shown on the decision form.[8]In this case therefore the lower rent of £223 per calendar week is to be registered as the fair rent or this property.[9]It is often the case that market rents are in excess of those that maybe charged by social landlord’s as it is a significant part of their remit to provide affordable housing. As such depending on the type of tenancy agreement their calculation of rent is either at a percentage of market rent or by way of index. Comparison is made with the open market rather than limited to other properties which are offered by social housing providers. It is assumed that the landlord will by usual convention of social landlord’s not seek to increase the rent proposed in its original notice as a result of this determination. Chairman: Duncan Jagger MRICS Date: 17 July 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 subsequent application for permission to appeal should be made on Form RP PTA --- decision_2.pdf --- 1 Case Reference : LON/00AN/F77/2025/0043 Property : Flat A 373 Fulham Palace Road, London SW6 6TA Tenant : Mrs Samantha Mc Hugh Landlord : Notting Hill Genesis Date of Objection : 2 December 2024 Type of Application : Section 70, Rent Act 1977 Tribunal : Mr D Jagger MRICS Mr O Miller Date of Summary Reasons : 17 July 2025 _______________________________________________ DECISION The sum of £223 per calendar week will be registered as the fair rent with effect from 10 June 2025, 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.[2]The parties did not request a hearing or inspection to determine this matter and the Tribunal agreed with this arrangement and considered this case on the basis of the papers provided by the parties and the Rent Officer with the assistance of Rightmove and Google Maps. Evidence[3]The Tribunal did not receive completed Reply Statements from the parties or evidence of market rents in the area. The Tribunal had before it, the Rent Officers two Registrations and calculations for the most recent registration on the 3 February 2025. Determination and Valuation[4]Having consideration of the Landlords evidence and 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 £577 per calendar week. From this level of rent we have made adjustments in relation to: Terms of tenancy, no white goods, no carpets or curtains, mould to the ceilings. This equates to approximately 20%[5]The Tribunal has also made an adjustment for scarcity at 20%[6]The full valuation is shown below: Market Rent £577 pw Less approx. 20% £115.40 £461.60 Less Scarcity approx. 20% £92.32 3 £369.28 pw Decision[7]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £369.28 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 £223 per calendar week. The calculation of the capped rent is shown on the decision form.[8]In this case therefore the lower rent of £223 per calendar week is to be registered as the fair rent or this property.[9]It is often the case that market rents are in excess of those that maybe charged by social landlord’s as it is a significant part of their remit to provide affordable housing. As such depending on the type of tenancy agreement their calculation of rent is either at a percentage of market rent or by way of index. Comparison is made with the open market rather than limited to other properties which are offered by social housing providers. It is assumed that the landlord will by usual convention of social landlord’s not seek to increase the rent proposed in its original notice as a result of this determination. Chairman: Duncan Jagger MRICS Date: 17 July 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 subsequent application for permission to appeal should be made on Form RP PTA