First-tier Tribunal Sets Fair Rent of £552.50 Under Rent Act 1977
📌 In brief
The First-tier Tribunal (Property Chamber) decided on a fair rent of £552.50 for a property, following the guidelines set by the Rent Act 1977. This decision excludes water rates and council tax but includes certain specified amounts.
⚖️ Legal holding
A tenant is entitled to a fair rent assessment under the Rent Act 1977, provided the calculated rent does not exceed the maximum fair rent limit of £578.50 per month.
📖 Technical summary
The Tribunal set a fair rent of £552.50 per month for an assured tenancy, below the maximum fair rent limit.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) set a fair rent of £552.50 for a property under the Rent Act 1977, excluding water rates and council tax but including specified amounts.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. BIR/17UF/F77/2024/0024
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [NAME], 5 [ADDRESS] [POSTCODE]
[NAME] Mr [RESPONDENT] Mr [APPELLANT] c/0 [APPELLANT]
Tenant [NAME]
1. The fair rent is £552.50 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 30 July 2024
3. The amount for services is N/A Per N/A
not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is N/A Per N/A
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 £578.50 per month prescribed by the Order.
Chairman ID [NAME] B.Sc.(Est.Man)FRICS Date of decision 30 July 2024
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 386.4
PREVIOUS RPI FIGURE Y 320.2
X 386.4 Minus Y 320.2 = (A) 66.2 (A) 66.2 Divided by Y 320.2 = (B) 0.20674
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C) N/A
If no (B) plus 1.05 = (C) 1.25674
Last registered rent* £460.00 Multiplied by (C) = £578.10 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £578.50
Variable service charge NO If YES add amount for services N/A
MAXIMUM FAIR RENT = £578.50 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:
- First-tier Tribunal (Property Chamber) Tribunal sets £195 weekly rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £216/week rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £210/week Fair Rent for Assured Tenancy in Kent
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4168106
- 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 sets fair rent of £87.00 per week under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4136284
- 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 £124.00 Per Week
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent of £120 per week for property
- First-tier Tribunal (Property Chamber) Tribunal Sets £200/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 £552.50 per calendar month.
- The effective date for the new fair rent was set as July 30, 2024.
- The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 applied to the calculation.
- The registered fair rent was not limited by the Maximum Fair Rent Order because it was below the maximum allowed.
- The maximum fair rent was calculated by increasing the previous registered rent by the RPI change and an additional 5%.
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 £552.50 per month 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, specifically whether the proposed rent exceeded the maximum fair rent allowed by law.
How did the court decide, and why?
The court decided to set the fair rent at £552.50 per month, as it was below the maximum fair rent threshold of £578.50 per month.
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 argument that mattered most was the calculation of the maximum fair rent, ensuring it did not exceed the legal threshold.
Was the decision for or against the person who brought the case?
The decision was for the tenant, as the rent was set below the maximum fair rent threshold.
What does this mean for someone in a similar situation?
For someone in a similar situation, the decision means they can seek a fair rent assessment under the Rent Act 1977, ensuring the rent remains within legal limits.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
