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AllowedFirst-tier Tribunal (Property Chamber)·

Fair Rent Determination for Liverpool Property

Case No.

📌 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.

Topics

fair rent determinationRent Act 1977maximum fair rent

Provisions

Rent Act 1977 Schedule 11Rent Acts (Maximum Fair Rent) Order 1999

📖 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:

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.

Official source: First-tier Tribunal (Property Chamber) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.