First-tier Tribunal Sets Maximum Fair Rent for Property
📌 In brief
The First-tier Tribunal decided on the maximum fair rent for a property. They used a formula based on the Retail Price Index to calculate the rent, ensuring it's fair and follows the Rent Act 1977.
⚖️ Legal holding
A tenant is entitled to have their rent capped according to the Retail Price Index and relevant legislation.
📖 Technical summary
The Tribunal calculated the maximum fair rent for a property under the Rent Act 1977.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the maximum fair rent for a property under the Rent Act 1977, considering the Retail Price Index and relevant legislation. The decision was made on 17 June 2021.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. LON/00BD/F77/2021/0176
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]
[NAME](Hons) [APPELLANT]
Tenant Mrs [APPELLANT]
1. The fair rent is 162.50 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 17 June 2021
3. The amount for services is n/a Per
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
0.00 Per
5. The rent is not to be registered as variable.
6. The capping provisions of the Rent Acts (Maximum Fair Rent
7. Details (other than rent) where different from Rent Register entry
8. For information only:
The fair rent to be registered is limited by the Rent Acts (Maximum Fair Rent) Order 1999,
[NAME] MA LLM FRICS Date of decision 17 June 2021
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 301.9
PREVIOUS RPI FIGURE Y 238.0
X 301.9 Minus Y 238 = (A) 63.9
(A) 63.9 Divided by Y 238.0 = (B) 0.268487394
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) 1.318487394
Last registered rent* 123.0 Multiplied by (C) = 162.17 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 162.5
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £162.50 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:
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent Under Rent Act 1977
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- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £90 per Week
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Based on RPI Changes
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal sets maximum fair rent for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Determines Maximum Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent for Tenancy Agreement
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent 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 fair rent was set at £162.50 per week, excluding water rates and council tax.
- The effective date for the fair rent determination was 17 June 2021.
- The maximum fair rent is calculated by increasing the previous registered rent by the percentage change in the retail price index.
- A further 5% is added to the rent calculation for second or subsequent applications since February 1, 1999.
- The calculated fair rent is rounded up to the nearest 50 pence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set the maximum fair rent for a property at £162.50 per week.
Who was involved?
A tenant and a landlord were involved in the case.
How did the court decide, and why?
The court used a formula based on the Retail Price Index to ensure the rent was fair and followed the Rent Act 1977.
Which laws or rules were applied?
The Rent Act 1977 and the Maximum Fair Rent Order 1999 were applied.
What was the argument that mattered most?
The argument centered around the calculation method for determining the maximum fair rent.
Was the decision for or against the person who brought the case?
The decision was for the tenant, setting a fair rent as required by law.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their rent is calculated fairly according to the Rent Act 1977.
What evidence or documents mattered?
The evidence included the previous registered rent and the latest Retail Price Index figure.
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 advice from a qualified solicitor for cases involving rent control.
