Flat A, 10 St. Charles Sq, London, W10 6EE LON/00AW/F77/2024/0609

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AW/F77/2024/0609
Between
Ms G GarrisonApplicantPeabody TrustRespondentMs G GarrisonTenantPeabody TrustLandlord
Before
Mr A Harris LLM FRICS FCIArbDate 20 November 2024Property: Flat A, 10 St. Charles Sq, London, W10, 6EE

DECISION

The sum of £271.50 per week will be registered as the fair rent with effect from 20 November 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 Tenant 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 did not inspect the property but considered this case on the basis of the papers provided by the parties. Evidence[3]There were no written submissions from the landlord. The tenant completed the reply form and referred to windows in poor repair. Determination and Valuation[4]In the absence of rental comparables provided by the parties the tribunal has relied on its own expert, general knowledge of rental values in the area. We consider that the open market rent for the property in the condition and with the amenities the market would expect/ its current condition would be in the region of £850 per week. From this level of rent we have made adjustments in relation to: No carpets curtains or white goods General condition[5]The Tribunal has also made an adjustment for scarcity.[6]The full valuation is shown below:[7]The Tribunal determines a s70 rent of £510.00 per week. Fair rent PW Market rent 850.00 £ less condition & terms 25% 212.50 -£ adjusted rent 637.50 £ less scarcity off adj rent 20% 127.50 -£ Fair rent 510.00 £ 3 Decision[8]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £510.00 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £271.50 per week. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £271.50 per week is to be registered as the fair rent for this property.[9]The tribunal notes that the rent paid by the tenant is a social rent which can only be increased by the rise in the Consumer Prices Index plus 1%. The jurisdiction of the tribunal is limited to finding a fair rent as set out in the Rent Act and it has no power over the level of a social rent. It is the lower figure which is due from the tenant. Chairman: A Harris Date: 20 November 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 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