First-tier Tribunal sets fair rent for West Drayton property
📌 In brief
The First-tier Tribunal determined the fair rent for a property in West Drayton. The tenant asked for a determination of their fair rent, and the Tribunal used specific rules to calculate it based on previous registered rents and inflation rates.
⚖️ Legal holding
A tenant is entitled to have their fair rent determined according to the Rent Acts (Maximum Fair Rent) Order 1999.
📖 Technical summary
The Tribunal set the fair rent for a property in West Drayton, Middlesex.
📜 Headnote Official document
The First-tier Tribunal determined the fair rent for a property in West Drayton, Middlesex. The tenant requested a determination of the fair rent under the Rent Act 1977 Schedule 11, and the Tribunal applied the Rent Acts (Maximum Fair Rent) Order 1999 to set the fair rent at £1008 per month.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AS/F77/2023/0227
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 77 [ADDRESS], [POSTCODE]
[NAME]
Landlord [APPELLANT] c/o AM [APPELLANT]
Tenant [NAME]
1. The fair rent is 1008 Per Month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 20TH September 2022
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/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
The Tenant has installed a gas central heating system
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 £1,180.50 per monthprescribed by the Order.
[NAME] of decision 20th September 2023
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 376.6
PREVIOUS RPI FIGURE Y 305.5
X 376.6 Minus Y 305.5 = (A) 71.1
(A) 71.1 Divided by Y 305.5 = (B) 0.233
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) 1.283
Last registered rent* 920 Multiplied by (C) = 1180.36 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 1180.50
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £1180.50 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 11 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal sets £18,153/year fair rent for assured tenancy in Brighton and Ho…
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Considering Property Condition and Market Comparabl…
- First-tier Tribunal (Property Chamber) Tribunal sets £972.50/month rent for assured tenancy in Keynsham
- First-tier Tribunal (Property Chamber) Tribunal sets £202/week rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £2,587.50 Fair Rent for Assured Tenancy in Fleet
- First-tier Tribunal (Property Chamber) Tribunal Sets £5000/Quarter Maximum Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £2,398/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £198.50/Week Fair Rent for Assured Tenancy in Manchester
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 fair rent was determined to be 1008 per month, excluding water rates and council tax.
- The effective date for the fair rent determination was set as 20th September 2022.
- The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 were applied.
- The fair rent to be registered was not limited by the 1999 Order because it was below the maximum fair rent.
- The tenant had installed a gas central heating system, which was noted as a detail different from the Rent Register entry.
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 £1008 per month for an assured tenancy.
What was the dispute about?
The dispute was about the fair rent for an assured tenancy under the Rent Act 1977.
How did the court decide, and why?
The court decided to set a fair rent of £1008 per month, applying the Rent Act 1977 and considering the latest Retail Price Index figures.
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 calculation of the fair rent 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 tenant 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 according to the Rent Act 1977.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
