Fair Rent Determination for Liverpool Property
📌 In brief
The First-tier Tribunal decided on a fair rent for a property in Liverpool. The rent was set at £470 per month, excluding certain costs like water rates and council tax.
⚖️ Legal holding
A tenant is entitled to a fair rent determination under the Rent Act 1977.
📖 Technical summary
The Tribunal determined a fair rent for a property under the Rent Act 1977.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair rent of £470 per month for a property in Liverpool under the Rent Act 1977. The decision also included calculations for the maximum fair rent.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00BY/F77/2019/0025
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 29 [ADDRESS], [POSTCODE]
[NAME] Mr [APPELLANT]
Landlord The [APPELLANT]
Tenant Miss [APPELLANT]. [APPELLANT]
1. The fair rent is 470.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 17 May 2019
3. The amount for services is 0.00 Per
not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
0.00 Per
not applicable
5. The rent is not to be registered as variable.
6. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf).
7. Details (other than rent) where different from Rent Register entry
Self-contained flat
8. For information only:
(a) The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is the below the maximum fair rent of £157.50 per Calendar Month prescribed by the Order.
[NAME] of decision 17 May 2019
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 285.1
PREVIOUS RPI FIGURE Y 268.4
X 285.1 Minus Y 268.4 = (A) 16.7
(A) 16.7 Divided by Y 268.4 = (B) 0.0622
First application for re-registration since 1 February 1999 YES/NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.1122
Last registered rent* 465 Multiplied by (C) = 517.18 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 517.50
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £ 517.50 Per calendar month
Explanatory Note
1. The calculation of the maximum fair rent, in accordance with the formula contained in the Order, is set out above.
2. In summary, the formula provides for the maximum fair rent to be calculated by:
(a) increasing the previous registered rent by the percentage change in the retail price index (the RPI) since the date of that earlier registration and
(b) adding a further 7.5% (if the present application was the first since 1 February 1999) or 5% (if it is a second or subsequent application since that date).
A 7.5% increase is represented, in the calculation set out above, by the addition of 1.075 to (B) and an increase of 5% is represented by the addition of 1.05 to (B).
The result is rounded up to the nearest 50 pence.
3. For the purposes of the calculation the latest RPI figure (x) is that published in the calendar month immediately before the month in which the Tribunal’s fair rent determination was made.
4. The process differs where the tenancy agreement contains a variable service charge and the rent is to be registered as variable under section 71(4) of the Rent Act 1977. In such a case the variable service charge is removed before applying the formula. When the amount determined by the application of the formula is ascertained the service charge is then added to that sum in order to produce the maximum fair rent.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Below Maximum Limit Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Fair Rent Determination for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Fair Rent Determination for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent at £241.50 Per Week
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent at £100 per week
- First-tier Tribunal (Property Chamber) Fair Rent Determination: £110 per Week
- First-tier Tribunal (Property Chamber) Fair Rent Set at £625 Per Month - First-tier Tribunal Decision
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Property in London
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent for Tenancy Agreement
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent Under Rent Act 1977
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant requests a fair rent determination under the Rent Act 1977.
- The fair rent is calculated according to the Rent Acts (Maximum Fair Rent) Order 1999.
- The fair rent is set by the First-tier Tribunal using the applicable legal formula and current RPI figures.
- The maximum fair rent is calculated according to the Retail Price Index as per the Rent Act 1977.
❌ Tends to be rejected
- The maximum fair rent calculation does not follow the proper legal procedures outlined in the Rent Act 1977.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set a fair rent of £470 per month for a property in Liverpool.
Who was involved?
A tenant and a landlord were involved.
How did the court decide, and why?
The court used the Rent Act 1977 to determine the fair rent based on the property's circumstances.
Which laws or rules were applied?
The Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999 were applied.
What was the argument that mattered most?
The argument focused on determining a fair rent that reflects the current market conditions and the property's characteristics.
Was the decision for or against the person who brought the case?
The decision was for the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should seek a fair rent determination if they believe their rent is unfair.
What evidence or documents mattered?
Evidence related to the property's condition, location, and comparable rents in the area was considered.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is recommended to get legal advice from a solicitor for cases involving fair rent determinations.
