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AllowedFirst-tier Tribunal (Property Chamber)·

First-tier Tribunal Sets Fair Rent of £110 Per Week

Case No.

📌 In brief

The First-tier Tribunal set the fair rent for a rented property at £110 per week. This determination is in line with the Rent Act 1977, which sets out how to calculate fair rents based on various factors including the retail price index.

⚖️ Legal holding

A tenant is entitled to have their fair rent set by the First-tier Tribunal based on the Rent Act 1977 and relevant regulations.

Topics

fair rentRent Act 1977

Provisions

Rent Act 1977 Schedule 11

📖 Technical summary

The Tribunal determined the fair rent for a property under the Rent Act 1977, setting it at £110 per week.

📜 Headnote Official document

The First-tier Tribunal determined the fair rent for a property under the Rent Act 1977, setting it at £110 per week. The decision was based on the relevant provisions of the Act and the current retail price index.

📚 Full judgment Official document

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. BIR/44UD/F77/2023/0050

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 12 [ADDRESS] [POSTCODE]

[NAME] Mr [APPELLANT] Mr [APPELLANT]

Landlord [NAME]

Tenant Mr [APPELLANT]

1. The fair rent is £110 Per week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 9 February 2024

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

None

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 £139.50 per week prescribed by the Order.

[NAME] of decision 9 February 2024

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 379

PREVIOUS RPI FIGURE Y 294.3

X 379 Minus Y 294.3 = (A) 84.7 (A) 84.7 Divided by Y 294.3 = (B) 0.2878

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.05 + 0.2878 = 1.3378

Last registered rent* £104.08 Multiplied by (C) = £139.24 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £139.50

Variable service charge NO If YES add amount for services -

MAXIMUM FAIR RENT = £139.50 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:

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 based on the Retail Price Index and the previous registered rent.
  • The tenant is entitled to a capped fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
  • A tenant is entitled to a fair rent that reflects the market rent adjusted for scarcity and the condition of the property.
  • The tenant is entitled to a fair rent determined by the Tribunal under the Rent Act 1977, subject to the capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999.
  • The tenant is entitled to a fair rent calculation under the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.

❌ Tends to be rejected

  • The fair rent is determined by the lower of the two figures calculated under the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The First-tier Tribunal set the fair rent for a property at £110 per week.

Who was involved?

A tenant and their landlord were involved in the case.

How did the court decide, and why?

The court decided based on the Rent Act 1977 and relevant regulations to set a fair rent that reflects current economic conditions.

Which laws or rules were applied?

The Rent Act 1977 Schedule 11 was used to determine the fair rent.

What was the argument that mattered most?

The calculation of the retail price index and its impact on setting a fair rent was crucial in determining the final amount.

Was the decision for or against the person who brought the case?

The tenant's request for a fair rent determination was granted by the Tribunal.

What does this mean for someone in a similar situation?

Someone seeking to determine their fair rent can follow the same process and use the Rent Act 1977 as guidance.

What evidence or documents mattered?

The retail price index figures were important in calculating the fair rent.

Can a decision like this be appealed?

Decisions from the First-tier Tribunal can often be appealed to a higher court, but specific rules apply.

Is it worth getting a solicitor for a case like this?

It is advisable to seek legal advice from a qualified solicitor for such cases.

Official source: First-tier Tribunal (Property Chamber) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.