First-tier Tribunal Sets Fair Rent of £104 per Week
📌 In brief
The First-tier Tribunal has decided on a fair rent of £104 per week for a rented property, following the guidelines set by the Rent Act 1977. This includes calculating the rent based on the retail price index and considering any deductions for property defects.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977.
📖 Technical summary
The Tribunal sets a fair rent for a property under the Rent Act 1977.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair rent of £104 per week for a property, excluding water rates and council tax but including fuel charges, under the Rent Act 1977.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00CG/F77/2023/0060
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 621 [ADDRESS], [POSTCODE]
[NAME] LL B BA Mrs [APPELLANT]
Landlord [APPELLANT]
Tenant Mr [APPELLANT]
1. The fair rent is 104.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 23 November 2023
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
0.00 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
Open market rent £184, with deductions for tenant’s fitted kitchen £40, defective windows that need repair and painting £10, porch needs significant repair £10, let without furniture, curtains, light fittings and carpets £20.
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 £118.50 per week prescribed by the Order.
[NAME] LL B BA Date of decision 23 November 2023
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE x 378.4 September 2023
PREVIOUS RPI FIGURE y 294.6 January 2021
X 378.4 Minus y 294.6 = (A) 83.80
(A) 83.80 divided by y 294.6 = (B) 0.2844534
First application for re-registration since 1 February 1999, NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.3344534
Last registered rent* 88.50 Multiplied by (C) = 118.09912
*(exclusive of any variable service charge)
Rounded up to nearest 50 pence = £118.50
Variable service charge /NO
If YES add amount for services
MAXIMUM FAIR RENT = £118.50 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 Committee'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 Determines Fair Rent for Tenancy Agreement
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent 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 Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent of £6000 Per Quarter
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent of £87.00 per week under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets New 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 fair rent was set at £104.00 per week, excluding water rates and council tax.
- The effective date for the fair rent decision was 23 November 2023.
- The open market rent was determined to be £184.
- Deductions were made for the tenant's fitted kitchen, reducing the rent by £40.
- The rent to be registered was not limited by the Maximum Fair Rent Order because it was below the maximum allowed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set a fair rent of £104 per week for a rented property.
Who was involved?
A tenant and a landlord were involved.
How did the court decide, and why?
The court used the Retail Price Index to calculate the fair rent, ensuring it adheres to the Rent Act 1977.
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 centered around the calculation method for determining the fair rent.
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 ensure their fair rent calculation follows the Rent Act 1977 guidelines.
What evidence or documents mattered?
The retail price index figures and the tenancy agreement were important.
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 such cases.
