John HW Anderson v Igors Kokins & Anor
[2024] UKUT 91 (LC)
Kensington Avenue Limited v Nadia Curlin
1 November 2024
[2024] UKUT 341 (LC)
Upper Tribunal
A landlord disagreed with the rent set by a tribunal for their flat. The tribunal didn't explain why its rent was lower than similar flats in the area. A higher court said the tribunal's decision wasn't clear enough and sent the case back to be decided again.
Key Facts
- •Appeal against First-tier Tribunal (FTT) decision on fair rent under s.70 Rent Act 1977.
- •Property: Flat 8, 61 Queen's Gardens, London SW7.
- •Landlord (Appellant): Kensington Avenue Limited.
- •Tenant (Respondent): Miss Nadia Curlin.
- •FTT determined fair rent at £1,352 per month after applying deductions for property condition and scarcity.
- •Landlord's evidence included comparable properties rented at significantly higher amounts.
- •FTT's decision lacked explanation for the discrepancy between its market rent assessment and the landlord's evidence.
Legal Principles
Reasons given by the FTT for fair rent determination must be intelligible and address substantial points raised.
The Trustees of the Israel Moss Children’s Trust v Bandy [2015] UKUT 0276 (LC)
Section 70 of the Rent Act 1977 governs fair rent determination.
Rent Act 1977
Outcomes
Appeal allowed.
The FTT failed to explain why its market rent assessment differed from the landlord's evidence of comparable properties. The decision was unintelligible and could not stand.
Matter remitted to the FTT for redetermination.
The original FTT decision is set aside, requiring a new rent determination.