[21]The Tribunal determined what rent the Landlord could reasonably be expected to obtain for the Property in the open market if it were let today in the condition that was considered usual for such an open market letting. Due to the unique nature of the property, assessing this was not straightforward. We took account of the attractive building and setting and balancing it with hard to heat rooms. It had high ceilings, draughty fireplaces, with outside uninsulated walls on 2 sides. The Property smelt musty, and the Tenant had dehumidifiers and heaters in use. We took account of the Landlords comparables. There was a wide range from £1200 to £850. They also include three in Oakleigh House, the ground floor flat being £1090, though they have provided no more information. The Tenants again provides no detail for her comparator of £800 Due to the unusual nature of the Property and the comparators we determined that the open market rent in good condition was £1000 per month. It would have risen since the last Tribunal in 2022, though the very small kitchen and hard to heat nature of the Property effects the amount.[22]The Tribunal considered that the following adjustments should be made. No white goods carpets and curtains and furnisher (£100), landlords neglect and necessary improvements set out above (£100), Tenants improvements (£80). This provided for £280 adjustments and the open market rent as £720. Adding in variable service charges of £11.65 provides a rent of £731.65.[23]The Tribunal does not consider that in the present-day market, there is any substantial scarcity element in the larger locality and accordingly no further deduction is made for scarcity.[24]The capped rent as set out in the Rent Acts (Maximum Fair Rent) Order 1999 is £784.50 per month, as calculated by the statutory formula set out in the Determination. This calculation is made on the date of the Tribunal determination and consequently is above the capped rent calculated by the Rent Officer. Currently the RPI is high. Adding in the variable service charges provides a capped rent of £796.15.[25]As the capped rent is above the market rent of £731.65, these provisions do not apply. The fair rent, then is determined at £731.65 per month (inclusive of service charges). Signed: Judge J White Date: 27 May 2025 RIGHTS OF APPEAL[1]If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber) then a written application for permission must be made to the First-tier Tribunal at the Regional office which has been dealing with the case.[2]The application for permission to appeal must arrive at the Regional office within 28 days after the Tribunal sends written reasons for the decision to the person making the application.[3]If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed despite not being within the time limit.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal, and state the result the party making the application is seeking.