First Floor Flat, 2 Colville Square, London , W11 2BD - LON/00AW/F77/2024/0065 LON/00AW/F77/2024/0065

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AW/F77/2024/0065
Mr J E NicholsonApplicantMountview Estates plc.Respondent
Mr N Martindale FRICSNone for the ApplicantNone S.70 Rent Act 1977 – Determination for the RespondentDate 14 August 2024Property: Notting Hill London W11 2EDType of application: of a new fair rent

DECISION

[1]The fair rent is £800 Per pcm (excluding water rates and council tax but including any amounts in paras 3&4) The effective date is 14 August 2024[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[5]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 Converted former end terraced house from 1850s facing on to communal gardens, on 6 levels plus basement, now divided into c. 6 flats plus. The Property is first & second floor, non-self contained. Likely slated butterfly and metal flat roofs over top floor mansard. White painted render to all walls. Accom. 2 rooms, kitchen bathroom/ wc (outside on different floor). Basic bathroom and kitchen, no double glazing, timber DHS, no CH. Assumed no carpets and curtains nor white goods. Some historic longstanding repairs; cause disputed.[8]For information only: The fair rent to be registered is the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999 and is below the MFR cap of £ 215 per week. It is therefore not capped. The landlord may charge any rent up to and including this registered Fair Rent but not a figure above it. (The capped Fair Rent would have been £215 per week). Chairman N Martindale Date of decision 14 August 2024 FR24 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE (2 months prior) X 387.3 PREVIOUS RPI FIGURE (2 months prior) Y 314.3 X 387.3 Minus Y 314.3 =(a) (A) 73 (A) 73 Divided by Y 314.3 =(b) (B) 0.2323 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) 1.2823 Last registered rent* £726 pcm Multiplied by (C) = £930.95 pcm *(exclusive of any variable service charge) Rounded up to nearest 50p = £931 pcm Variable service charge NO If YES add amount for services MAXIMUM FAIR RENT = £931 Per 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.