[2024] UKUT 341 (LC)

The property is a small one-bedroomed flat on the fourth floor of 61 Queen’s Gardens. The rent had previously been determined by the rent officer at £1,210 per calendar month from 24 April 2015, and was determined by the Valuation Officer to be £1,235 per calendar month from 19 June 2023. The landlord objected to that rent and the matter was referred to the FTT in December 2023.

The FTT assessed the fair rent without an oral hearing after inviting written representations from the parties and conducting a site visit. The FTT recorded in its decision:

“16.

The landlord provided a schedule of one bedroom flats in Queens Gate that have been let recently giving floor area, brief details of accommodation, floor and date of letting and ranging between £3,445 per calendar month to £4,312 per calendar month.

17.

They submitted that the fair (Registered) rent for the subject flat should be £2,492 per calendar month.”

The FTT went on to say:

“25.

The Tribunal must firstly determine the market rent for a property of this size, in this location and in its current condition. It must also disregard the personal circumstances of either party. The Tribunal notes the comments made by both the landlord and the tenant in their submissions and takes these factors into consideration. Using its own general knowledge of the Greater London property market, in particular the property market in the immediate locality of the subject property, the Tribunal considers that the market rent for a property of this size, in this location, in average condition with usual white goods, carpets, curtains and decorated to a good condition would be £2,600.00 per calendar month.”

The FTT then made a deduction of 35% on account of the condition of the property, giving an adjusted rent of £1,690, and a deduction for scarcity of 20% so that its final determination was £1,352 per month. That is lower than the maximum fair rent of £1,847 under the Rent Act (Maximum Fair Rent) Order 1999, and therefore the figure of £1,352 took effect from the date of the FTT’s decision on 4 March 2024.