112A Kensington Church Street, London W8 4BH LON/00AW/F77/2024/0201

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AW/F77/2024/0201
Between
Ms Susan GriffithsApplicantNuttoo LtdRespondentMs Susan GriffithsTenantNuttoo LtdLandlord
Before
Mr D Jagger MRICSMr J FrancisDate 20 September 2024Property: 112a Kensington Church Street, London, W8 4BH

DECISION

The sum of £21,840 per annum will be registered as the fair rent with effect from 19th September 2024 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 by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977. Inspection[2]The Tribunal inspected the property at around 12 noon in the presence of the tenant. The landlord’s representative was in attendance but did not enter the property. During the inspection the tenant’s brother and daughter explained the condition of the property and confirmed improvements made by the tenant over the course of the tenancy together with a number of associated damp and mould defects. The Tribunal explained the formula for the calculation of the maximum fair rent. The reason for the increase is that the formula is based upon the Retail Price Index (RPI) which has seen significant growth in the past 18 months due to rampant inflation. Evidence[3]The Tribunal has consideration of the written submissions from both parties and the inspection of the property. The Landlord provided the Tribunal links with evidence of rental levels for comparable properties in the area. Determination and Valuation[4]Having consideration of our own expert, general knowledge of rental values in the Notting Hill area together with the Landlords comparable evidence, we consider that the open market rent for the property in its current condition would be in the region of £42,000 per annum. (£3,500 per month) From this level of rent we have made adjustments in relation to: the damp and mould to the main walls, no central heating, no white goods, no carpets or curtains, tenants improvements and terms of the tenancy which equates to approximately 35%[5]The Tribunal has also made an adjustment for scarcity at 20%[6]The full valuation is shown below: 3 Market Rent £42,000 pa Less approx. 35% £14,700 Terms and condition Leaves £27,300 Less Scarcity approx. 20% £5,460 Leaves £21,840 pa[7]The Tribunal determines a rent of £21,840 per calendar annum Decision[8]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £21,840 per annum. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £28,930 per calendar annum The calculation of the capped rent is shown on the decision form. In this case the lower rent of £21,840 per annum is to be registered as the fair rent for this property effect from 19th September 2024 being the date the Tribunal made the Decision. Chairman: Duncan Jagger MRICS Date: 19th September 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 4 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