27 Oakdene Road, Uxbridge, Middlesex UB10 0SG LON/00AS/F77/2024/0681

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AS/F77/2024/0681
Between
Miss M BrowneApplicantWest Ella Finance LtdRespondentMiss M BrowneTenantWest Ella Finance LtdLandlord
Before
Judge TagliaviniDate 26 February 2025Property: 27 Oakdene Road, Uxbridge, Middlesex, UB10 0SG

DECISION

The sum of £1,036 per month will be registered as the fair rent with effect from 26 February 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 Landlord to the determination of a fair rent, 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]The Tribunal considered the written submissions provided by the Landlord and the Tenant, in addition to the documents provided by the Rent Officer who determined the Fair Rent and to which the Landlord has objected. Determination and Valuation[4]The Landlord provided the Tribunal with a valuation supported by six comparables properties. Details of these properties were provided and included photos and descriptions, but no tenancy agreements were provided to show the passing rents in respect of these properties.[5]The approach taken by the Landlord was to produce an average rent per square metre by using the floor area from EPC certificates and applied to the subject EPC area to give £1,770,83. From this figure, deductions were made for Tenant's decoration, carpets and curtains, condition, white goods and lack of central heating amounting to about 14% and resulted in an adjusted figure of £1,520.83. It was stated that there is no scarcity in the area.[6]However, the landlord did not make adjustments to the comparables to account for differences between them and the subject property. The Tribunal took into account that three of the comparables were semi- detached and of the terraced houses, one had a conservatory, 2 living rooms and a first floor bathroom.[7]The tribunal found the most helpful comparable to be 26 Snowden Avenue at £1,850 per month, which is in the near vicinity and of similar size and layout to the subject property with a GF bathroom. The Tribunal considered that the open market rent for the subject property in good and tenantable condition is £1,850 per month. From this the Tribunal deducted 30% to account for lack of central heating, the un-refurbished bathroom and kitchen (stated to have been improved by the tenant), 3 the tenant's liability for floor coverings, decoration and white goods. This results in an adjusted market rent of £1,295.00 per month.[8]The tribunal also made an adjustment for scarcity of 20% which relates to a wide area of Greater London in accordance with case law.[9]Therefore the Tribunal’s valuation is as follows: Open market rent £1,850 per calendar month Less a global deduction of 30% £ 555 Adjusted market rent £1,295 Less Scarcity of 20% £ 259 Fair Rent £1,036 per calendar month Decision[10]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70 of the Rent Act 1977 was £1,036 per calendar month. However, the capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £1,106 per calendar month. The calculation of the capped rent is shown on the decision form.[11]In this case the lower rent of £1,036 per calendar month is to be registered as the fair rent or this property. Chairman: Judge Tagliavini Date: 26 February 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