[2025] UKUT 301 (LC)

The property is located in a residential area in Neath, accessed from Primrose Road. The Committee described the property as:

“an end of link style 2 storey modern dwelling house of traditional cavity construction. The Property is set back from pavement level by a small driveway and front garden area. It has exposed facing brick elevations and is constructed under a pitched roof with concrete tile cover. There is a small single storey entrance porch to the front, with a mono pitched tiled roof over. There is an additional 2 storey pitched roof structure to the side, which immediately adjoins the neighbouring premises. This addition originally provided a garage with bedroom over but has in subsequent years been converted to additional living space at ground floor level. There is a conservatory extension to rear with low height perimeter facing brick walls, UPVC glazed windows and with a shallow pitched polycarbonate roof over.”

I should add at this point that Mr Rees disputes that description in part, saying that the property is semi-detached, rather than ‘end of link’, and that the ‘additional’ living space has always been living space, there was no original garage. Nothing in this appeal turns on that.

Mr Rees has occupied the property since 19 March 2021. The initial rent was £695 per calendar month. This remained the rent, but on 24 September 2024, the respondent served a notice of variation of rent pursuant to section 123 of the Act, proposing a rent of £1,200 per calendar month from the 19 December 2024.

Following receipt of the notice Mr Rees made an application to the Rent Assessment Committee for a determination of the rent of the property in accordance with regulation 3 of the 2022 Regulations. The task of the Committee when it receives such an application is to determine a rent for the dwelling on the basis described in regulation 6 of the 2022 Regulations (which includes assumptions about the effect on rent of any improvements carried out by the contract-holder or any failure by the contract-holder to comply with the terms of the contract.