First-tier Tribunal Sets Fair Rent of £124.00 Per Week
📌 In brief
The First-tier Tribunal decided on a fair rent of £124.00 per week for a rental property, following the guidelines set by the Rent Act 1977. This includes services but excludes water rates and council tax.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977, taking into account the latest Retail Price Index figure and the previous registered rent.
📖 Technical summary
The Tribunal set a fair rent of £124.00 per week for an assured tenancy, excluding water rates and council tax but including service charges.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair rent of £124.00 per week for a property under the Rent Act 1977, including services but excluding water rates and council tax.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/F77/2023/0058
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]
[NAME] Mrs [APPELLANT] Mrs [APPELLANT]
Landlord Midland Heart
Tenant Miss [APPELLANT]
1. The fair rent is £124.00 Per week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 11th April 2024
3. The amount for services is £5.60 Per Week (included)
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:
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 £151.00 per week including £5.60 per week prescribed by the Order.
[NAME] of decision 11/04/2024
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 381.00
PREVIOUS RPI FIGURE Y 294.3
X 381.00 Minus Y 294.3 = (A) 86.7 (A) 86.7 Divided by Y 294.3 = (B) 0.2945
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) 1.3445
Last registered rent* 112.00 Multiplied by (C) = 150.58 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 151.00
Variable service charge YES / NO If YES add amount for services
MAXIMUM FAIR RENT = £ 151.00 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 £216/week rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4168106
- First-tier Tribunal (Property Chamber) Tribunal sets £195 weekly rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £244.99/week fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent of £552.50 Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent of £120 per week for property
- 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) First-tier Tribunal Determines Fair Rent of £325 Per Week
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent for Tenant Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4136284
- First-tier Tribunal (Property Chamber) Tribunal Sets £160/week Fair 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 fair rent was determined to be £124.00 per week, excluding water rates and council tax.
- The effective date for the new fair rent was set as April 11, 2024.
- An amount of £5.60 per week was included for services in the fair rent calculation.
- The maximum fair rent calculation used the latest RPI figure of 381.00.
- The calculation for the maximum fair rent included an addition of 1.05 to factor (B) because it was not the first application since February 1, 1999.
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 £124.00 per week for an assured tenancy, excluding certain charges but including the amount for services.
What was the dispute about?
The dispute was about the fair rent for an assured tenancy, specifically the amount to be charged per week.
How did the court decide, and why?
The court decided to set a fair rent of £124.00 per week, following the calculation method prescribed under 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 using 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, setting a fair rent of £124.00 per week.
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.
