First-tier Tribunal sets fair rent under Rent Act 1977
📌 In brief
The First-tier Tribunal (Property Chamber) decided on a fair rent for a property, setting it at £115 per week. This decision was based on calculations under the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999, which take into account the Retail Price Index and previous registered rents.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977, taking into account the Retail Price Index and previous registered rents.
📖 Technical summary
The Tribunal sets a fair rent for a property under the Rent Act 1977, considering the Retail Price Index and previous registered rents.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) set a fair rent of £115 per week for a property, excluding water rates and council tax but including service charges, following a calculation under the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00CG/F77/2025/0012 Notice of the Tribunal Decision Rent Act 1977 Schedule 11 Address of Premises The Tribunal members were 63 [ADDRESS], [POSTCODE] Judge A Davies and S Kendall MRICS Landlord [NAME] Tenant [NAME] [APPELLANT]
1. The fair rent is £ 115 Per week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 28 May 2025 3. The amount for services is £ 3.22 Per week 4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is £ nil Per 5. The rent is 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 £138.22 per week including £ 3.22 per week for services (variable) prescribed by the Order. Judge A Davies Date of Decision 28 May 2025
FR24 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE x 395.30 PREVIOUS RPI FIGURE y 293.50 X 395.30 Minus y 293.50 = (A) 101.80 (A) 101.80 divided by y 293.50 = (B) 0.3468 First application for re-registration since 1 February 1999: NO If yes (B) plus 1.075 = (C) If no (B) plus 1.05 = (C) 1.3968 Last registered rent* 96.58 Multiplied by (C) = 134.90 *(exclusive of any variable service charge) Rounded up to nearest 50 pence = £ 135.00 Variable service charge: YES If YES add amount for services MAXIMUM FAIR RENT = £ 138.22 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 Committee'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. £3.22
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Fair Rent Determination for Property Under Rent Act 1977
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- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at Maximum Level Under Rent Act
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Based on Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenanted Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Capped Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Cap Under Rent Acts Order 1999
- 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
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 tenant is entitled to a fair rent calculation under the Rent Act 1977.
- The tenant is entitled to a capped fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- The tenant is entitled to a fair rent based on the property's condition and local market rates, adjusted for scarcity.
- The tenant is entitled to a fair rent calculation that considers the Retail Price Index.
- The tenant is entitled to a fair rent determined by the Tribunal after evaluating the property's condition, locality, and market conditions.
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 £115 per week for a property.
Who was involved?
A landlord and a tenant were involved.
How did the court decide, and why?
The court decided based on the calculation under the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
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 and previous registered rents was the central reasoning.
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 consider the same factors used in the calculation of the fair rent.
What evidence or documents mattered?
The evidence included the previous registered rent and the Retail Price Index figures.
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 always recommended to seek advice from a qualified solicitor for cases involving fair rent determinations.
