First-tier Tribunal Sets Fair Rent of £115 Per Week
📌 In brief
The First-tier Tribunal (Property Chamber) decided on a fair rent of £115 per week for a property, following the guidelines set by the Rent Act 1977 and considering factors like the Retail Price Index.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977, which in this case resulted in a weekly rent of £115.00.
📖 Technical summary
The Tribunal set a fair rent of £115.00 per week for an assured tenancy, applying the Rent Act 1977.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair rent of £115 per week for a property, excluding water rates and council tax but including fuel charges, under the Rent Act 1977 and relevant regulations.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. BIR/00FP/F77/2023/0003
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 62 Northgate, Oakham, Leicestershire [POSTCODE]
[NAME]
Landlord Mrs [APPELLANT]
Tenant Mrs [APPELLANT]
1. The fair rent is £115.00 Per week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 14 April 2023
3. The amount for services is -------------------------- Per --------------------------
negligible/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
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 below the maximum fair rent of £125.50 per including £ per for services (variable) prescribed by the Order.
[NAME] of decision 14/04/2023
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 364.5
PREVIOUS RPI FIGURE Y 294.6
X 364.5 Minus Y 294.6 = (A) 69.9 (A) 69.9 Divided by Y 294.6 = (B) 0.2372
First application for re-registration since 1 February 1999 (NO)
If no (B) plus 1.05 = (C) 1.2872
Last registered rent* 97.50 Multiplied by (C) = 125.50 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £125.50
Variable service charge NO If YES add amount for services N/A
MAXIMUM FAIR RENT = £125.50 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 £92.00/Week Fair Rent for Assured Tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal Determines New Fair Rent for Tenancy Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal sets £383.50/month rent for assured tenancy in Chigwell
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Residential Property
- First-tier Tribunal (Property Chamber) Tribunal Sets £424.52/month Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £904.50/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £13,487.50 fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £219/Week Rent for Assured Tenancy in Bristol
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4168268
- First-tier Tribunal (Property Chamber) Tribunal Sets £755/Month Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £232.43 weekly rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £244.50 fortnightly rent for assured tenancy in London
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 under the Rent Act 1977.
- The fair rent is adjusted based on changes in the retail price index.
- The property's condition and market comparables are considered.
- The maximum fair rent is calculated according to relevant orders.
❌ Tends to be rejected
- No factors identified as leading to a decision 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 £115.00 per week for an assured tenancy.
What was the dispute about?
The dispute was about setting the fair rent for an assured tenancy in Leicestershire.
How did the court decide, and why?
The court decided to set the fair rent at £115.00 per week based on the calculation provided by 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 that mattered most was the calculation of the fair rent based on 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 person 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 similarly under the Rent Act 1977.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
