Mrs Catherine May HawkinsApplicantGrainger Finance Company LimitedRespondentMrs Catherine May HawkinsTenantGrainger Finance Company LimitedLandlord
Before
Judge Sarah McKeownMr. Kevin Ridgeway MRICSDate 11 December 2023Property: 10 Avalon Road, London, SW6 2EX
DECISION
The sum of £368 per week will be registered as the fair rent with effect from 11 December 2023, being the date the Tribunal made the Decision. 2 SUMMARY REASONS The 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.[2]No inspection was carried out. Evidence[3]The Tribunal has considered the application by the Landlord along with, among other things:(a) The letter from the Tenant dated 20 July 2023 stating, among other things, that the proposed new rent was excessive and the Tenant had been in the property since 1972;(b) The letter from the Tenant dated 21 August 2023 referring to the earlier letter;(c) The letter from the Tenant dated 1 September 2023 which stated, among other things, that there had been no improvements in the property since the last rent increase, the property had been badly maintained by the Landlord, the rear garden wall was falling down, the street door swells and the front of the property had not been decorated for a long time. Determination and Valuation[4]The Tribunal used its own expert, general knowledge of rental values in the area. We consider that the open market rent for the property in the condition and with the amenities the market would expect would be in the region of £800 per week. From this level of rent, we have made adjustments in relation to:(a) No furniture provided;(b) No white goods;(c) No curtains or floor coverings; 3(d) No central heating;(e) The issues raised by the tenant.[5]The full valuation is shown below: Per week Market rent £800 Less condition & terms 30% -£240 Adjusted rent £560 Less scarcity 20% -£112 Fair rent £448[6]The Tribunal therefore determines a rent of £448 per week for the purposes of s.70. Decision[7]The uncapped fair rent initially determined by the Tribunal for the purposes of s.70 was £448 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £368. The calculation of the capped rent is shown on the decision form. In this case, the lower rent of £368 per week is to be registered as the fair rent for this property. Name: Judge Sarah McKeown Date: 11 November 2023 APPEAL PROVISIONS These summary reasons are provided to give the parties and 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 4 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.