Flat 211, Elmhurst Mansions, Elmhurst Street, London, SW4 6HH LON/00AY/F77/2026/0063

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AY/F77/2026/0063
Between
1. The fair rent isApplicantTenantRespondentE O’NeillTenantMrs G ShawLandlord
Before
R Waterhouse FRICSW GibbsDate 22 May 2026Property: Flat 211 Elmhurst Mansions, Elmhurst, Street, London SW4 6HH

DECISION

The sum of £216.50 per week, will be registered as the fair rent with effect from 22 May 2026, being the date the Tribunal made the Decision. ____________________________________ © CROWN COPYRIGHT 2026 Full REASONS FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 Background[1]The landlord submitted an application, undated, to register a fair rent of £800.00 per month. Previous to the application the Rent Officer had registered a fair rent of £135.00 per week including a service charge of £1.28 per week on 28 September 2016.[2]Following the application the Rent Officer registered a fair rent of £213.23 per week effective from 18 December 2025. Following an objection from the tenant on 15 November 2025 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.[3]Directions were issued on 24 February 2026. The Property[4]The Tenant requested a hearing and an inspection. Preliminary issue[5]The hearing was arranged for 10:00AM on 22 May 2026 as a video hearing. The Applicant attended with support from her daughter.[6]The landlord did not attend.[7]In the absence of the landlord the tribunal had recourse to The Tribunal Procedure (First tier Tribunal) (Property Chamber) Rules 2013, Rule 34. Hearings in party’s absence 34.—(1) If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and(b) considers that it is in the interests of justice to proceed with the hearing[8]The tribunal finds that the landlord was notified of the hearing. The tribunal finds that it is in the interests of justice to proceed. The Inspection[9]The tribunal inspected the property on the 22 May 2026 and found the property is located on the first floor of a purpose built block of flats dating from around 1900.The property comprises two bedrooms, a bathroom, fitted kitchen , and a small outside space on the first floor level. The property has gas central heating and double glazing. Evidence 3 Submission by the tenant[10]The tenant submitted a Reply Form, which noted their requirement for an inspection and a hearing.[11]The Form noted that the property is a flat on the first floor. The flat comprises, a living room, a kitchen/diner, two bedrooms.[12]From the evidence on the Reply Form and the oral evidence of the applicant the tribunal finds. The applicant commenced their tenancy in 1976 and subsequently replaced the bathroom, kitchen installed wooded flooring, installed central heating. With the kitchen the tenant had knocked through a cupboard within the kitchen. With the bedrooms the tenant had fitted wardrobes. The tenant also rewired but the landlord subsequently rewired to include alarms.[13]The tribunal also finds from the evidence that the tenant is responsible for internal decorations, supply of white goods and curtains/ floorings.[14]The Form notes that the tenant provided central heating, which was fitted in around 1985, that double glazing is provided by the landlord and white goods, curtains and carpets are provided by the tenant.[15]The tenant notes that although there had not been an increase since 2016 , they felt that an increase would put them under financial strain. Submission by the landlord[16]The landlord notes they inherited the properties recently and have carried out some repairs which are identified in their submission and an improvement of installing double glazing and wiring with alarms. Nature of flat to be determined[17]The tribunal determines that the nature of the flat for which the rent is to be determined is that of the 1976 condition but with the landlord’s improvements of wiring and double glazing. Valuation[18]In determining the level of rent for the fair rent, the Tribunal must carry out a valuation under section 70 of the Rent Act 1977 and then an assessment under the Rent Acts (Maximum Fair Rent) Order 1999. The latter assessment is dependent on the inflation rate between the last registered rent and the date of the current determination which is the date of hearing. The Tribunal must then adopt the lower of the two figures as the fair rent to be registered. The tribunal cannot take into account the financial circumstances of the tenant in determining the rent.[19]Having consideration of the comparable evidence proved by the parties and our own expert general knowledge of rental values in the area, the Tribunal 4 adopts the figure of £2100.00 per calendar month, which equates to £485.00 per week.[20]From this level of rent we have made adjustments in relation to:(i) terms and conditions of the tenancy that is the tenant is responsible for internal decoration which is more onerous than contemporary tenancies from which the comparables are derived 2.5%(ii) the condition as at the start of the tenancy compared with the condition of properties in a contemporary letting (1976) 20%(iii) the supply of curtains , flooring and white goods 2.5% and(iv) scarcity 20%. Market Rent £485.00 per week Less: 25% for (i) to (iv) above; and 20% scarcity £218.00 per week -----------------------------------[21]The Tribunal determines a rent under section 70 of £218.00 per week. Decision[22]The rent calculated under section 70 Rent Act 1977 is £218.00 per week.[23]The rent calculated under the Rent Acts (Maximum Fair Rent) Order 1999 is £216.50 per week. The rent calculated under section 70 of the Rent Act 1977 rent is higher than the rent calculated under the Rent Acts (Maximum Fair Rent) Order 1999. Therefore, the Tribunal determines the rent to be registered is £216.50 per week. Chairman: R Waterhouse FRICS Date: 22 May 2026 5 Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must:a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision.b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.