Fair Rent Determination for Property Under Rent Act 1977
📌 In brief
The First-tier Tribunal (Property Chamber) has determined a fair rent of £752 per month for a property under the Rent Act 1977. This decision was made on 25 October 2024 by a person and a person.
⚖️ 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 Tribunal determined a fair rent of £752 per month for a property under the Rent Act 1977. The decision was made on 25 October 2024 by Nicholas Wint and Wyn Jones of the First-tier Tribunal (Property Chamber).
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. BIR/00CT/F77/2024/0032
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 83 [ADDRESS] [POSTCODE]
[NAME] [NAME]
Landlord [APPELLANT]
Tenant A Price
1. The fair rent is £752 Per Month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 25 October 2024
3. The amount for services is - Per -
not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is - 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 do not apply (please see calculation overleaf).
7. Details (other than rent) where different from Rent Register entry
None
8. For information only:
The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is below the maximum fair rent of £804 per month prescribed by the Order.
[NAME] of decision 25 October 2024
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 389.9
PREVIOUS RPI FIGURE Y 337.1
X 389.9 Minus Y 337.1 = (A) 52.8 (A) 52.8 Divided by Y 337.1 = (B) 0.1566
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) 1.05 + 0.1566 = 1.2066
Last registered rent* £666 Multiplied by (C) = £803.62 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £804.00
Variable service charge YES / NO If YES add amount for services -
MAXIMUM FAIR RENT = £804 Per 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) Fair Rent Determination: £980 Per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent at £120 Per Week
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £252 Per Week Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent Using Rent Acts Formula
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at £190 Per Week
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Property 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 is entitled to a fair rent determination under the Rent Act 1977.
- The fair rent is subject to capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999.
- The fair rent calculation reflects the market conditions and the state of repair of the property.
- The fair rent is calculated according to the Retail Price Index and the Rent Acts (Maximum Fair Rent) Order 1999.
- The fair rent is calculated according to the Rent Acts formula.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided that the fair rent for the property is £752 per month.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court used the Rent Act 1977 to determine the fair rent.
Which laws or rules were applied?
The Rent Act 1977 and its Schedule 11 were applied.
What was the argument that mattered most?
The argument focused on determining the fair rent according to the Rent Act 1977.
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 refer to the Rent Act 1977 for fair rent determination.
What evidence or documents mattered?
The evidence included the current and previous registered rents and the retail price index figures.
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 seek advice from a qualified solicitor for cases involving fair rent determination.
