First-tier Tribunal (Property Chamber) Decision — Case 4172206
📌 In brief
The First-tier Tribunal decided on a fair rent of £115 per week for a property, following the guidelines set by the Rent Act 1977. This means the tenant will pay this amount weekly, excluding some taxes but including fuel costs.
⚖️ Legal holding
A tenant is entitled to a fair rent assessment under the Rent Act 1977, taking into account the latest retail price index figures and the maximum fair rent calculation method prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
📖 Technical summary
The fair rent for the assured tenancy was set at £115.00 per week, effective from 1 August 2019.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) set a fair rent of £115 per week for a property under the Rent Act 1977, excluding water rates and council tax but including fuel charges.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00CX/F77/2019/0038
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 4 [ADDRESS], [POSTCODE]
Mrs A Davies LL.B Ms [RESPONDENT]
[APPELLANT] limited
Tenant Mr [APPELLANT]
1. The fair rent is £115.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 01 August 2019
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 apply (please see calculation overleaf).
7. Details (other than rent) where different from Rent Register entry
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 £124.50 per week prescribed by the Order.
Tribunal Judge Mrs A Davies LL.B Date of decision 1 August 2019
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 289.6
PREVIOUS RPI FIGURE Y 265.5
X 289.6 Minus Y 265.5 = (A) 24.1
(A) 24.1 Divided by Y 265.5 = (B) 0.090772
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.140772
Last registered rent* £109 Multiplied by (C) = 124.34 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £124.50
Variable service charge YES / NO If YES add amount for services
MAXIMUM FAIR RENT = £124.50 Per week
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 £110/week fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £176.79 Weekly Rent for Assured Tenancy in Newcastle
- First-tier Tribunal (Property Chamber) Tribunal Sets £218.50 Weekly Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £184/week Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £880/month Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £142/week rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent of £190 Per Week
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Considering Scarcity
- First-tier Tribunal (Property Chamber) Tribunal Sets £900/Month Rent for Assured Tenancy in Shepherd Bush
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent at £308 Per Week
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenanted Property
- First-tier Tribunal (Property Chamber) Tribunal sets £382.50 weekly 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 calculation according to the Rent Act 1977.
- The fair rent is capped at the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- The fair rent is adjusted according to the Retail Price Index and any applicable service charges.
- The fair rent reflects the current market conditions and the state of the property.
- The fair rent determination is based on comparable evidence and adjustments for the condition of the property and scarcity.
❌ Tends to be rejected
- No factors identified that went against the claimant in the provided cases.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set a new fair rent of £115.00 per week for an assured tenancy, effective from 1 August 2019.
What was the dispute about?
The dispute was about the fair rent for an assured tenancy, specifically whether the rent should be set at £115.00 per week.
How did the court decide, and why?
The court decided to set the fair rent at £115.00 per week, effective from 1 August 2019, based on the calculations provided under the Rent Act 1977.
Which laws or rules were applied?
The Rent Act 1977 Schedule 11 was applied to determine the fair rent.
What was the argument that mattered most?
The argument that mattered most was the calculation of the fair rent under the Rent Act 1977, which resulted in a maximum fair rent of £124.50 per week, but the actual fair rent set was £115.00 per week.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as the fair rent was set at £115.00 per week, which was likely the desired outcome.
What does this mean for someone in a similar situation?
For someone in a similar situation, they can expect a fair rent calculation under the Rent Act 1977, which may result in a lower rent than the maximum fair rent allowed.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered, but it likely included the relevant provisions of the Rent Act 1977 and the calculation of the fair rent.