First-tier Tribunal sets maximum fair rent for shared tenancy property
📌 In brief
The First-tier Tribunal decided on the maximum fair rent for a shared tenancy property. The rent was set at £475 per month, excluding certain costs but including service charges.
⚖️ Legal holding
A tenant is entitled to a maximum fair rent calculated according to the Retail Price Index and the Rent Acts (Maximum Fair Rent) Order 1999.
📖 Technical summary
The Tribunal determined the maximum fair rent for a shared tenancy property under the Rent Act 1977.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the maximum fair rent for a shared tenancy property under the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999. The rent was set at £475 per calendar month, excluding water rates and council tax but including service charges.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00BH/F77/2024/0176
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS] [POSTCODE]
[NAME]
Landlord [COMPANY]
Tenant [APPELLANT]
1. The fair rent is £475 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 9 July 2024
3. The amount for services is £168.94 Per Calendar month
negligible/not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
nil Per
negligible/not applicable
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
Purpose built low rise 2/ 3 storey block of flats from 1980’s Block - Brick walls, double pitched single concrete lap tiled roof in fair condition exterior front. SF flat 2 rooms kitchen bathroom/WC No CH, No carpets curtains white goods, some off road parking. Tenant owns a 50% share in a long lease and rents the remaining 50% share from landlord. This is the rent for the rented half share. The landlord may charge any rent up to this figure but not sum in excess of it.
8. For information only: Section b applies here.
(a) The fair rent to be registered is the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The rent that would otherwise have been registered was …….. per week …… including £ …………… for services (variable)
(b) The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is the same as/below the maximum fair rent of £563.74 including £168.94 ............................... per calendar month ..... for services (variable) prescribed by the Order.
[NAME] of decision 9 July 2024
MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 386.40
PREVIOUS RPI FIGURE Y 317.70
X 386.40 Minus Y 317.70 = (A) 68.70
(A) 68.70 Divided by Y 317.70 = (B) 0.2162
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) 1.2662
Last registered rent* 312.21 pcm (ex71.34 pcm SC) Multiplied by (C) = 395.32 pcm *(exclusive of any variable service charge)
Rounded up to nearest 50p = 395.50
Variable service charge YES / NO If YES add amount for services 168.24 pcm
MAXIMUM FAIR RENT = £563.74 Per Calendar 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
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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 maximum fair rent calculated according to the Retail Price Index.
- The tenant is entitled to a fair rent calculation under the Rent Act 1977.
- The tenant's entitlement reflects market conditions and the state of the property.
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 shared tenancy property at £475 per month.
Who was involved?
A tenant and a landlord were involved in the dispute.
How did the court decide, and why?
The court used the Retail Price Index and the Rent Acts (Maximum Fair Rent) Order 1999 to calculate the maximum fair rent.
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 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.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider the methods used to determine the maximum fair rent.
What evidence or documents mattered?
The calculation of the Retail Price Index and the relevant legislation were crucial.
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?
Yes, it is advisable to seek legal advice from a qualified solicitor.
