QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| ALISON GWYNETH PIMLOTT
|- and -
|VARCITY ACCOMMODATION LTD
David Horrocks (a Director of the Respondent) for the Respondent
Hearing date: 15 December 2011
Crown Copyright ©
Mr Justice Wyn Williams:
"3. The tenant shall pay the monthly rent of £217, the first payment being made on the signing hereof and each subsequent instalment being made on the first day of each succeeding term by standing order.
7. During the tenancy the tenant shall keep in good tenantable repair all the fixtures and fittings, window, locks, latches and fasteners and glass in their present state of repair and condition (reasonable wear and tear excepted) and in particular (but without prejudice to the generality of the foregoing) the tenant shall keep the premises in good decorative order and condition.
11. At the determination to the tenancy the tenant shall deliver up the premises to the landlord and all fixtures and fittings therein in good and tenantable repair and condition in accordance with the covenants or stipulations by the tenant herein contained."
The grounds of appeal
"From our own knowledge and experience, we consider that a house of this type, size and condition in this location and let on the open market unfurnished without carpets or curtains (having discounted the work carried out by the tenant not under any obligation within the tenancy agreement) would be £495 per calendar month.
The Committee arrives at this figure, (using its knowledge and experience as mentioned above) as follows:
Rent for comparable house under an assured shorthold tenancy £620 per calendar month.
less deduction for lack of carpets and curtains and with
dated fittings taking account of the tenant's
repairing obligations £125
"In this application, the Committee is required to determine a Market Rent at which the Property might reasonably be expected to be let by a willing landlord under an assured periodic tenancy (not an assured shorthold tenancy)."
"(1) Where, under sub-section (4)(a) of section 13 above, a tenant refers to a Rent Assessment Committee a notice under sub-section (2) of that section, the Committee shall determine the rent at which, subject to sub-section (2) and (4) below, the Committee considers that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an Assured Tenancy –
a) which is a Periodic Tenancy having the same periods as those of the tenancy to which the notice relates;
b) which begins at the beginning of a new period specified in the notice;
c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates;
d) in respect of which the same notices, if any, have been given under any of grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have affect as if given) in relation to the tenancy to which the notice relates.
(2) In making a determination under this section, there shall be disregarded –
a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant;
b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement –
(i) was carried out otherwise and in pursuance of an obligation to his immediate landlord, or
(ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and
c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.
(8) Where a notice under section 13(2) above has been referred to a Rent Assessment Committee, then, unless the landlord and the tenant otherwise agree, the rent determined by the Committee…..shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to the Rent Assessment Committee that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as the Committee may direct.
(9) This section shall apply in relation to an assured shorthold tenancy as if in sub-section (1) the reference to an Assured Tenancy with a reference to an assured shorthold tenancy."
"(3) Where an application is made to a Rent Assessment Committee under sub-section (1) above with respect to the rent under an assured shorthold tenancy the Committee shall not make such a determination as is referred to in that sub-section unless they consider –
a) that there is a sufficient number of similar dwelling-houses in the locality let on Assured Tenancies (whether Shorthold or not);
b) the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above."
"The Committee accepts that the Property has been well maintained by the Tenant and that she has carried out numerous improvements to the Property paragraph (p). It is noted, however, that her obligations under the Tenancy are set out in paragraph 7 of the Agreement dated 26 May 1992 and she appears to have complied with such obligations."