Mr S MordellApplicantFairdale Property Trading LimitedRespondentMr S MordellTenantFairdale Property Trading LimitedLandlord
Before
Judge DuttonMs. M Bygrave MRICSDate 26 August 2001Property: 11, Wellesley Court, Popes Avenue, Twickenham, Middx TW2 5TF
DECISION
The sum of £1,088.50 per calendar month will be registered as the fair rent with effect from 26 August 2025 being the date the Tribunal made the Decision. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 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 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 parties, save that on the reply form the landlord referred to location. Determination and Valuation[4]Having consideration of our own expert and general knowledge of rental values in the area, we consider that the open market rent for the property its current condition would be in the region of £2055 per calendar month. From this level of rent we have made adjustments in relation to:a. The repairing obligations of the tenant,b. the lack of white goods, curtains and carpetsc. and the property condition[5]The Tribunal has also made an adjustment for scarcity.[6]The full valuation is shown below: Market Rent £2055 per month Less Deductions for a to c above) approx. 20% £411.00£1644 Less Scarcity approx. 20% £329 (rounded) £1,315[7]The Tribunal determines a rent of £1315 per calendar month Decision[8]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £1315 per calendar month. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £1,088.50 per calendar month. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £1,088.50 per calendar month is to be registered as the fair rent or this property. Chairman: Judge Dutton Date: 26 August 2025 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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA FR27 irst-tier Tribunal – Property Chamber File Ref No. LON/00BD/F77/2025/0188 Notice of the Tribunal Decision Rent Act 1977 Schedule 11 Address of Premises The Tribunal members were 11, Wellesley Court, Popes Avenue, Twickenham, Middx TW2 5TF Judge Dutton Ms M Bygrave MRICS Landlord Fairdale Property Trading Limited Tenant Mr S Mordell[1]The fair rent is 1088.50 Per month (excluding water rates and council tax but including any amounts in paras 3&4) The effective date is 26 August 2025 The amount for services is Per not applicable[4]The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is Per not applicable The rent is not to be registered as variable.[6]The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf)/.[7]Details (other than rent) where different from Rent Register entry[8]For information only:(a) The fair rent to be registered is the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The rent that would otherwise have been registered was £1315 per month Chairman Judge Dutton Date of decision 26 August 2025 FR27 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE X 406.2 PREVIOUS RPI FIGURE Y 372.8 X 406.2 Minus Y 372.8 = (A) 33.4 (A) 33.4 Divided by Y 372.8 =(b) (B) 0.0896 First application for re-registration since 1 February 1999 YES/NO If yes (B) plus 1.075 =(c) (C) If no (B) plus 1.05 = (C) 1.14 Last registered rent* 955 Multiplied by (C) = 1088.31 *(exclusive of any variable service charge) Rounded up to nearest 50p = 1088.50 Variable service charge NO If YES add amount for services MAXIMUM FAIR RENT = £1088.50 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. --- decision_2.pdf --- Case Reference : LON/00BD/F77/2025/0188 Property : 11 Wellesley Court, Popes Avenue, Twickenham, TW2 5TF Tenant : Mr S Mordell Landlord : Fairdale Property Trading Limited Date of Objection : 7 April 2025 Type of Application : Section 70, Rent Act 1977 Tribunal Members : Judge Dutton Ms. M Bygrave MRICS Date and venue of Consideration : Paper determination Date of Decision : 26 August 2025 _______________________________________________ DECISION The sum of £1,088.50 per calendar month will be registered as the fair rent with effect from 26 August 2025 being the date the Tribunal made the Decision. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 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 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 parties, save that on the reply form the landlord referred to location. Determination and Valuation[4]Having consideration of our own expert and general knowledge of rental values in the area, we consider that the open market rent for the property its current condition would be in the region of £2055 per calendar month. From this level of rent we have made adjustments in relation to:a. The repairing obligations of the tenant,b. the lack of white goods, curtains and carpetsc. and the property condition[5]The Tribunal has also made an adjustment for scarcity.[6]The full valuation is shown below: Market Rent £2055 per month Less Deductions for a to c above) approx. 20% £411.00£1644 Less Scarcity approx. 20% £329 (rounded) £1,315[7]The Tribunal determines a rent of £1315 per calendar month Decision[8]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £1315 per calendar month. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £1,088.50 per calendar month. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £1,088.50 per calendar month is to be registered as the fair rent or this property. Chairman: Judge Dutton Date: 26 August 2025 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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA