4 Westmoreland Drive, Sutton, Surrey SM2 6AA LON/00BF/F77/2023/0289

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00BF/F77/2023/0289
Between
Mrs P CavanaghApplicantOrbit Housing Association LtdRespondentMrs P CavanaghTenantOrbit Housing Association LtdLandlord
Before
Mr D Jagger MRICSDate 29 November 2023Property: 4 Westmoreland Drive, Sutton, SM2 6AA

DECISION

The sum of £236 per calendar week will be registered as the fair rent with effect from 29 November 2023, being the date, the Tribunal made the Decision. ____________________________________ © CROWN COPYRIGHT 2023 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 considered the matter on the papers and did not inspect the property. Evidence[3]The Tribunal receive a written submission from the Landlord in this matter. Determination and Valuation[4]Having consideration of our own expert, general knowledge of rental values in the Sutton area, we consider that the open market rent for the property in its current condition would be in the region of £370 per calendar week. From this level of rent we have made adjustments in relation to: Terms of tenancy, no white goods, no carpets or curtains, which equates to approximately 20%[5]The Tribunal has also made an adjustment for scarcity at 20%[6]The full valuation is shown below: Market Rent £370 pw Less approx. 20% £74 £296 Less Scarcity approx. 20% 60 £236 Decision[7]The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £236 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 £239 per calendar week. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £236 per calendar week is to be registered as the fair rent or this property.[9]The rental figure determined by the Tribunal exceeds that proposed by the social landlord. Such figure is the maximum rent payable. However, the landlord is under no obligation to charge the full amount. The Tribunal determines a rent of £236 per calendar week Chairman: Duncan Jagger MRICS Date: 29 November 2023 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