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Flat A 2 Alexandra Drive, London SE19 1AJ LON/00AY/F77/2024/0083
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No
LON/00AY/F77/2024/0083
Between
Miss A Hurley
Applicant
Southern Housing
Respondent
Miss A Hurley
Tenant
Southern Housing
Landlord
Before
Mr D Jagger MRICS
Mr C Piarroux
Date
3 May 2024
Property: Flat A, 2 Alexandra Drive, London, SE19, 1AJ
DECISION
The sum of
£175.50
per calendar week will be registered as the fair rent with effect from
3 May 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 inspected the property on the
3 May 2024
in the presence of the Tenant. Evidence 3.. The Tribunal had copies of the Valuation Office Agency correspondence including the rent registers effective
17th January 2020
and
26th January 2022
together with the calculations for the most recent registration. The parties provided limited information in connection with the property in the form of completed Reply forms. No comparable evidence was provided by the parties. Determination and Valuation
[4]
Having consideration of our own expert, general knowledge of rental values in the Upper Norwood area, we consider that the open market rent for the property in its current condition would be in the region of
£392.30
per calendar week (
£1,700
per month). From this level of rent we have made adjustments in relation to: Terms of tenancy, no white goods, no carpets or curtains, damp, mould and leaks which equates to approximately 30%
[5]
The Tribunal has also made an adjustment for scarcity at 20%
[6]
The full valuation is shown below: Market Rent
£392.30
pw Less approx. 30%
£117.69
See above Leaves:
£274.61
Less Scarcity approx. 20%
£54.91
Leaves:
£219.70
pw 3
[7]
The Tribunal determines a rent of
£175.50
per calendar week Decision
[8]
The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was
£219.70
per calendar week. The capped rent for the property according to the provisions of the
Rent Acts (Maximum Fair Rent) Order 1999
is calculated at
£175.50
per calendar week. The calculation of the capped rent is shown on the decision form. In this case the lower rent of
£175.50
per calendar week is to be registered as the fair rent for this property.
[9]
It is often the case that rents determined by the Tribunal are in excess of those that may be charged by social landlords as it is a significant part of their remit to provide affordable housing. As such depending on the type of tenancy agreement their calculation of rent is either at a percentage of market rent or by way of index. Comparison is made with the open market rather than limited to other properties which are offered by social housing providers. It is assumed that the landlord will by usual convention of social landlord’s not seek to increase the rent proposed in its original notice as a result of this determination Chairman: Duncan Jagger MRICS Date:
5 May 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
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