First-tier Tribunal Sets Fair Rent at £192.00 Per Week
📌 In brief
The First-tier Tribunal decided on the fair rent for a property. They set the rent at £192.00 per week, taking into account various factors like service charges and excluding items like water rates and council tax.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977, taking into account the latest Retail Price Index figures and previous registered rents, resulting in a maximum fair rent of £201.50 per week in this case.
📖 Technical summary
The Tribunal set a fair rent of £192.00 per week for an assured tenancy, excluding certain charges but including services.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the fair rent for a property under the Rent Act 1977. The fair rent was set at £192.00 per week, excluding water rates and council tax but including service charges.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00BF/F77/2021/0280
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]
[NAME] MA LLM FRICS
Landlord [COMPANY]
Tenant Mrs [APPELLANT]
1. The fair rent is £192.00 Per week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 18th January 2022
3. The amount for services is £7.46 Per week
negligible/not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
0 Per week
negligible/not applicable
5. The rent is/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)/ do not apply because 1st registration/15% exemption.
7. Details (other than rent) where different from Rent Register entry
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 same as/below the maximum fair rent of £ 192 per week including £ 7.46 per week for services (variable) prescribed by the Order.
[NAME] MA LLM FRICS Date of decision 18th January 2021
MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 314.3
PREVIOUS RPI FIGURE Y 291.0
X 314.3 Minus Y 291.0 = (A) 23.3
(A) 23.3 Divided by Y 291.0 = (B) 0.0800687
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) 1.1300687
Last registered rent* 178.00 Multiplied by (C) = 201.15 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 201.50
Variable service charge YES / NO If YES add amount for services 7.46 per week
MAXIMUM FAIR RENT = £201.50 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 £14,268/year Fair Rent for Assured Tenancy in Ealing
- First-tier Tribunal (Property Chamber) Tribunal Sets £128/week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property with Variable Service Charges
- First-tier Tribunal (Property Chamber) Tribunal Sets £224/week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £212/Week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent at £232.61 Per Week
- First-tier Tribunal (Property Chamber) Tribunal sets £1560/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £21,082.66 Yearly Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £218.50 Weekly Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £291/week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4167645
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's right to a fair rent calculation is recognized according to the Rent Act 1977.
- The inclusion of variable service charges in the fair rent calculation is acknowledged.
- The prescribed formula in the Rent Acts (Maximum Fair Rent) Order 1999 is used for rent assessment.
- The fair rent calculation takes into account the Retail Price Index and previous registered rent.
- The relevant regulations under the Rent Act 1977 are applied to determine the fair rent.
❌ Tends to be rejected
- No significant 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 fair rent of £192.00 per week for an assured tenancy, excluding certain charges but including services.
What was the dispute about?
The dispute was about the fair rent amount for an assured tenancy, specifically whether it should be £192.00 per week.
How did the court decide, and why?
The court decided to set the fair rent at £192.00 per week, following the 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 centered on the calculation of the fair rent using the latest Retail Price Index figure and the previous registered rent.
Was the decision for or against the person who brought the case?
The decision was for the tenant, setting the fair rent at £192.00 per week.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their fair rent to be calculated similarly, considering the latest Retail Price Index figure and the previous registered rent.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
