Spath Holme Ltd v Chairman of the Greater Manchester and Lancashire Rent Assessment Committee and others
Spath Holme Ltd v Chairman of the Greater Manchester and Lancashire Rent Assessment Committee and others
- 1995
- Estates Gazette (1995) 49 EG 128-134(7) .
CA 19 July 1995. The respondent owned 20 flats, some of which were let on regulated tenancies under the Rent Act 1977 which provides for a fair rent, and some as assured tenancies under the Housing Act 1988 which provides for an open-market rent. In determining fair rents for several flats, the landlord submitted that the rents paid on comparable flats let on assured tenancies within the same property must be taken into account by the rent assessment committee. Whereas the committee relied on evidence of other registered rents in preference to those supplied. The landlord`s appeal was allowed on the grounds that the committee should have considered the market rents and made adjustments to these for scarcity before considering evidence of fair rents. The chairman of the rent assessment committee appealed stating that they were entitled to reject the assured rent comparables without giving any reason. The appeal was dismissed.
ASSURED TENANCIES
FAIR RENTS
HOUSING ACT 1988
MARKET RENTS
REGULATED TENANCIES
RENT ACT 1977
RENT ASSESSMENT
RENT COMPARABLES
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SCARCITY
CA 19 July 1995. The respondent owned 20 flats, some of which were let on regulated tenancies under the Rent Act 1977 which provides for a fair rent, and some as assured tenancies under the Housing Act 1988 which provides for an open-market rent. In determining fair rents for several flats, the landlord submitted that the rents paid on comparable flats let on assured tenancies within the same property must be taken into account by the rent assessment committee. Whereas the committee relied on evidence of other registered rents in preference to those supplied. The landlord`s appeal was allowed on the grounds that the committee should have considered the market rents and made adjustments to these for scarcity before considering evidence of fair rents. The chairman of the rent assessment committee appealed stating that they were entitled to reject the assured rent comparables without giving any reason. The appeal was dismissed.
ASSURED TENANCIES
FAIR RENTS
HOUSING ACT 1988
MARKET RENTS
REGULATED TENANCIES
RENT ACT 1977
RENT ASSESSMENT
RENT COMPARABLES
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SCARCITY