First-tier Tribunal sets maximum fair rent for shared tenancy property

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.