26, Greyhound Road, London. N17 6XW. LON/00AP/F77/2024/0212

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AP/F77/2024/0212
Mrs P ShahApplicantClarion Housing Association LtdRespondentMrs P ShahTenantClarion Housing Association LtdLandlord
Tribunal Judge S.J. WalkerMrs. A. Flynn MAMRICSDate 27 August 2024Property: 26 Greyhound Road, London, N17 6XW

DECISION

The sum of £254.50 per week will be registered as the fair rent with effect from 27 August 2024, being the date the Tribunal made the decision. SUMMARY REASONS Background[1]Following an objection by the tenant dated 23 April 2024 to the Rent Officer’s valuation of the fair rent of the above property at £250.50 per week with effect from 9 April 2024, the Tribunal has made a determination. The tenancy commenced on 4 December 1989. A tenancy agreement was not included in the papers. Inspection[2]The Tribunal carried out an inspection of the property on 27 August 2024. 2 Evidence[3]The Tribunal has considered the written submissions provided by the tenant. No submissions were provided by the landlord. Neither party provided its own comparable evidence. Determination and Valuation – Market Rent[4]Having considered our own knowledge of rental values in the area as an expert Tribunal, our view is that the open market rent for the property would be in the region of £500 to £550 per week if it were in good condition. We erred on the side of caution and decided that the lower figure should apply and decided that the open market rent in good condition would be £500.[5]To reflect the fact that the landlord has provided no carpets, curtains, white good or furniture we have deducted 10%.[6]To reflect the poor condition of the windows and the other defects in the property we have deducted 10%.[7]To reflect the fact that the tenant has liabilities for repair and decoration we have deducted 5%.[8]This makes a total deduction of 25%[9]The Tribunal has also made a 20% deduction for scarcity from this reduced figure.[10]The full valuation is shown below Market Rent per week £500 Less Deductions as set out above of 25% £125 Sub-total £375 Less Scarcity of approx. 20% £75 Total £300 The Capped Rent[11]This is a case where the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply. The previous rent was capped at £175 per week. The Tribunal’s calculation in accordance with the statutory formula is attached to this summary decision. This results in a maximum fair rent of £254.50 per week. This is higher than the maximum fair rent determined by the rent officer as time has passed since that determination resulting in a higher retail prices index figure. 3[12]As the capped rent is lower than the market rent set out above, the capped rent must be registered as the fair rent. Name: Tribunal Judge S.J. Walker Date: 27 August 2024 ANNEX - RIGHTS OF APPEAL The Tribunal is required to set out rights of appeal against its decisions by virtue of the rule 36 (2)(c) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 and these are set out below. If a party wishes to appeal against this decision to the Upper Tribunal (Lands Chamber) then a written application for permission must be made to the First-tier Tribunal at the Regional office which has been dealing with the case. The application for permission to appeal must arrive at the Regional office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. 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.