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AllowedFirst-tier Tribunal (Property Chamber)·

First-tier Tribunal sets fair rent of £550 per month for property

Case No.

📌 In brief

The First-tier Tribunal (Property Chamber) decided on a fair rent for a property, setting it at £550 per month. This includes fuel charges but excludes water rates and council tax.

⚖️ Legal holding

A tenant is entitled to a fair rent calculation under the Rent Act 1977.

Topics

fair renttenancy agreementmaximum fair rent

Provisions

Rent Act 1977 Schedule 11Rent Acts (Maximum Fair Rent) Order 1999

📖 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) set a fair rent of £550 per month 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. BIR/00FN/F77/2024/0035

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 40 [ADDRESS] [POSTCODE]

[NAME] Mrs [APPELLANT] Mrs [APPELLANT]

Landlord Mrs [APPELLANT]

Tenant Mr [APPELLANT]

1. The fair rent is £550.00 Per month (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 31/10/2024

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

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 £ per including £ per for services (variable) prescribed by the Order.

[NAME] of decision 31/10/2024

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 389.9

PREVIOUS RPI FIGURE Y 317.7

X 389.9 Minus Y 317.7 = (A) 72.2 (A) 72.2 Divided by Y 317.7 = (B) 0.2272

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.2772

Last registered rent* £445.00 Multiplied by (C) = £568.35 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £568.50

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £568.50 Per month

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 fair rent was determined to be £550.00 per month, excluding water rates and council tax.
  • The effective date for the new fair rent was set as 31/10/2024.
  • The maximum fair rent calculation applied the capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999.
  • The calculation used the latest RPI figure of 389.9 and a previous RPI figure of 317.7.
  • A 5% increase was applied because this was not the first application for re-registration since 1 February 1999.

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 £550 per month for a property.

Who was involved?

A tenant and a landlord were involved.

How did the court decide, and why?

The court used the Rent Act 1977 to calculate the fair rent.

Which laws or rules were applied?

The Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999 were applied.

What was the argument that mattered most?

The calculation of the fair rent using the Retail Price Index was crucial.

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 can expect their fair rent to be calculated similarly.

What evidence or documents mattered?

The tenancy agreement and the relevant sections of the Rent Act 1977 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?

Yes, it's recommended to get legal advice from a solicitor for cases involving fair rent calculations.

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.