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AllowedFirst-tier Tribunal (Property Chamber)·

First-tier Tribunal Sets Fair Rent of £8,200 Per Year

Case No.

📌 In brief

The First-tier Tribunal decided on a fair rent of £8,200 per year for a property, following the calculation method outlined in the Rent Act 1977. 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 rentRent Act 1977tenancy agreement

Provisions

Rent Act 1977 Schedule 11

📖 Technical summary

The Tribunal set 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 £8,200 per year for a property under the Rent Act 1977, excluding water rates and council tax but including fuel charges. The decision was based on the calculation provided in the Rent Act 1977 Schedule 11.

📚 Full judgment Official document

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/32UG/F77/2023/0032

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 14/15 Pickworth Stamford Rutland, [POSTCODE]

J A Platt FRICS FIRPM P Mountain FRICS FNAEA

Landlord [COMPANY]

[NAME] [APPELLANT]

1. The fair rent is £8200 Per Year (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 29 September 2023

3. The amount for services is Not applicable Per Not applicable

4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is

Not applicable 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

No provision for variable service charge within the tenancy agreement.

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 £8,833.00 per annum prescribed by the Order.

Chairman J A Platt FRICS FIRPM Date of decision 29 September 2023

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 374.2

PREVIOUS RPI FIGURE Y 295.4

X 374.2 Minus Y 295.4 = (A) 78.8

(A) 78.8 Divided by Y 295.4 = (B) 0.26675694

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.31675694

Last registered rent* £6,708.00 Multiplied by (C) = 8832.805552 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £8,833.00

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £8,833.00 Per Annum

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 £8200 per year, excluding water rates and council tax.
  • The effective date for the fair rent decision was set as 29 September 2023.
  • The rent is not to be registered as variable.
  • The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply.
  • The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 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 £8,200 per year for a property.

Who was involved?

The tenant and the landlord were involved.

How did the court decide, and why?

The court used the calculation method provided in the Rent Act 1977 to determine the fair rent.

Which laws or rules were applied?

The Rent Act 1977 and its Schedule 11 were applied.

What was the argument that mattered most?

The calculation method provided in the Rent Act 1977 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 should refer to the Rent Act 1977 for calculating their fair rent.

What evidence or documents mattered?

The tenancy agreement and the calculation method provided in 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?

It is recommended to seek 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.