First-tier Tribunal sets fair rent of £710 per month for property
📌 In brief
The First-tier Tribunal (Property Chamber) decided on a fair rent of £710 per month for a property. This includes fuel charges but excludes water rates and council tax. The rent was not registered as variable.
⚖️ Legal holding
A tenant is entitled to a fair rent determination that excludes certain costs and is not registered as variable.
📖 Technical summary
The Tribunal set a fair rent of £710 per month for a property, excluding certain costs and determining that the rent would not be registered as variable.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair rent of £710 per month for a property, excluding water rates and council tax but including fuel charges. The rent was not registered as variable.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. BIR/00CT/F77/2024/0026
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 1 [ADDRESS] [POSTCODE]
[NAME] [RESPONDENT]
Landlord [APPELLANT]
Tenant [APPELLANT]
1. The fair rent is £710 Per Month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 25 October 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 do not 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 £782 per month prescribed by the Order.
[NAME] of decision 25 October 2024
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 389.9
PREVIOUS RPI FIGURE Y 337.1
X 389.9 Minus Y 337.1 = (A) 52.8 (A) 52.8 Divided by Y 337.1 = (B) 0.1566
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) 1.05 + 0.1566 = 1.2066
Last registered rent* £648 Multiplied by (C) = £781.88 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £782.00
Variable service charge YES / NO If YES add amount for services -
MAXIMUM FAIR RENT = £782 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) Fair Rent Determination for a Property Under the Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent of £110 Per Week
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Tenancy
- First-tier Tribunal (Property Chamber) Fair Rent Determination: £980 Per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent of £152.00 per week for tenant
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets £5,690 Annual Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Unrefurbished Flat
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Tenancy Under Rent Act 1977
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 tribunal determined a fair rent of £710 per month for the premises.
- The effective date for the new fair rent was set as 25 October 2024.
- The rent was not to be registered as variable.
- The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 did not apply.
- The fair rent was below the maximum fair rent of £782 per month prescribed by the Order.
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 £710 per month for a property, excluding certain costs and determining it would not be registered as variable.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court decided based on the Rent Act 1977, setting a fair rent that excluded water rates and council tax but included fuel charges.
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 whether the rent should be registered as variable or not.
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 may also seek a fair rent determination that excludes certain costs and is not registered as variable.
What evidence or documents mattered?
The evidence and documents related to the property's rental history and costs were considered.
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?
It is recommended to get advice from a qualified solicitor for cases like this.
