First-tier Tribunal sets fair rent of £112.00 per week for property
📌 In brief
The First-tier Tribunal (Property Chamber) decided on a fair rent of £112.00 per week for a property under the Rent Act 1977. This means the tenant will pay this amount each week, excluding water rates and council tax but including specified charges.
⚖️ Legal holding
A tenant is entitled to a fair rent assessment under the Rent Act 1977, where the calculated rent is below the maximum fair rent limit, as seen in this case with the rent set at £112.00 per week.
📖 Technical summary
The Tribunal set a fair rent of £112.00 per week for an assured tenancy, below the maximum fair rent threshold.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) set a fair rent of £112.00 per week for a property located at 25 Brack Terrace, Gateshead, NE10 0TT, under the Rent Act 1977, excluding water rates and council tax but including specified charges.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00CH/F77/2024/0031
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 25 [ADDRESS], [POSTCODE]
[NAME] Mrs [APPELLANT]
Landlord [NAME]
Tenant Mrs [APPELLANT]
1. The fair rent is £112.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 2 May 2024
3. The amount for services is not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is 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 £123.50 per Week prescribed by the Order.
[NAME] of decision 2 May 2024
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 383.0
PREVIOUS RPI FIGURE Y 320.2
X 383.0 Minus Y 320.2 = (A) 62.8
(A) 62.8 Divided by Y 320.2 = (B) 0.196
First application for re-registration since 1 February 1999: NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.246
Last registered rent* 99.00 Multiplied by (C) = 123.35 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 123.50
Variable service charge NO If YES add amount for services N/A
MAXIMUM FAIR RENT = £123.50 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 11 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £1200 pcm for Tenant
- First-tier Tribunal (Property Chamber) Tribunal Sets £1792/Month Fair Rent for Assured Tenancy in Richmond
- First-tier Tribunal (Property Chamber) Tribunal Sets £121.92/Week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Fair Rent Determination for Tenancy Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets £176.79 Weekly Rent for Assured Tenancy in Newcastle
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at Maximum Level Under Rent Act
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent at £195 per week 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 Capped Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets £264/Week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £265.50 as fair rent for protected tenant
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 rent is set to reflect market conditions.
- Rent is capped at the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- Landlords must use the lower of two calculated rents for a new fair rent.
- Fair rent is determined by the Tribunal under the Rent Act 1977.
- Rent calculation includes the Retail Price Index (RPI) and the previous registered rent.
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 £112.00 per week for an assured tenancy, below the maximum fair rent threshold.
What was the dispute about?
The dispute was about the fair rent for an assured tenancy.
How did the court decide, and why?
The court decided to set the fair rent at £112.00 per week, as it was below the maximum fair rent threshold of £123.50 per week.
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 showing the fair rent was below the maximum fair rent threshold.
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 below the maximum fair rent threshold.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their fair rent to be assessed according to the Rent Act 1977, potentially leading to a lower rent if it falls below the maximum fair rent threshold.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.
