Fair Rent Determination for Tenancy in London
📌 In brief
The Tribunal decided on a fair rent for a property in London, setting the rent at £3072.00 per quarter. This decision was made under the Rent Act 1977, taking into account services and fuel charges.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977, using the Retail Price Index formula, resulting in a fair rent of £3072.00 per quarter.
📖 Technical summary
The Tribunal set a fair rent of £3072.00 per quarter for an assured tenancy, applying the RPI formula under the Rent Act 1977.
📜 Headnote Official document
The Tribunal determined a fair rent of £3072.00 per quarter for a property in London under the Rent Act 1977, considering various factors including services and fuel charges.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00AP/F77/2022/0012
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]
Judge Hargreaves Alison Flynn MA MRICS
Landlord [APPELLANT]
Tenant Mrs [APPELLANT]
1. The fair rent is 3072.00 Per Quarter (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 04 April 2022
3. The amount for services is £118.04 Per Quarter
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
N/A Per
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
N/A
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 below the maximum fair rent of £3234.50 per quarter including £118.04 per quarter for services (variable) prescribed by the Order.
Chairman Sara Hargreaves Date of decision 4th April 2022
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 320.2
PREVIOUS RPI FIGURE Y 290.4
X 320.2 Minus Y 290.4 = (A) 29.8
(A) 29.8 Divided by Y 290.4 = (B) 0.102617
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.152617
Last registered rent* £2806 per quarter Multiplied by (C) = 3234.24 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 3234.50
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £3234.50 Per Quarter
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) Tribunal Sets £29,952/year Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Tenancy at £247 Weekly
- First-tier Tribunal (Property Chamber) Tribunal Sets £1,050/Month Fair Rent for Assured Tenancy in Brighton
- First-tier Tribunal (Property Chamber) Fair Rent Determination: £110 per Week
- First-tier Tribunal (Property Chamber) Tribunal Sets £849.50/Month Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £214/Week Fair Rent for Assured Tenancy in SE10
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent at £120 Per Week
- First-tier Tribunal (Property Chamber) Tribunal Sets £800/Month Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4157522
- First-tier Tribunal (Property Chamber) Tribunal Sets £229.84 Weekly Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £2,790 rent for assured tenancy in London
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 takes into account the property's condition and market value.
- The fair rent is adjusted for the scarcity of similar properties.
- The fair rent is calculated according to the Rent Acts (Maximum Fair Rent) Order 1999.
❌ Tends to be rejected
- The fair rent is subject to the Maximum Fair Rent Cap.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set a fair rent of £3072.00 per quarter for an assured tenancy.
What was the dispute about?
The dispute was about the fair rent for an assured tenancy.
How did the court decide, and why?
The court decided to set the fair rent at £3072.00 per quarter, applying the maximum fair rent calculation method under the Rent Act 1977.
Which laws or rules were applied?
The Rent Act 1977 Schedule 11 was applied.
What was the argument that mattered most?
The argument that mattered most was the application of the maximum fair rent calculation method based on the latest Retail Price Index figures.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their fair rent to be calculated similarly, taking into account the latest Retail Price Index figures.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used, but it likely included relevant financial data and tenancy agreements.
