First-tier Tribunal Sets Maximum Fair Rent of £350 Per Month
📌 In brief
The First-tier Tribunal decided on a fair rent for a tenant, setting it at £350 per month. This decision follows the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
⚖️ Legal holding
A tenant is entitled to a maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
📖 Technical summary
The Tribunal sets a fair rent according to the Rent Act 1977.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a maximum fair rent of £350 per month for a tenant, applying the Rent Act 1.977 and the Rent Acts (Maximum Fair Rent) Order 1999.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. BIR/17UB/F77/2019/0020
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 56 [ADDRESS], [POSTCODE]
[NAME] Mrs [APPELLANT] [NAME]
Landlord [APPELLANT]
Tenant Mr [APPELLANT] [NAME]
1. The fair rent is £350.00 Per Month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 09 July 2019
3. The amount for services is not applicable -- Per --
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is not applicable
-- Per --
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
N/A
8. For information only:
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 £372.50 per month.
[NAME] of decision 9 July 2019
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 289.2
PREVIOUS RPI FIGURE Y 243.0
X 289.2 Minus Y 243.0 = (A) 46.2
(A) 46.2 Divided by Y 243.0 = (B) 0.190123
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.240123
Last registered rent* 300 Multiplied by (C) = 372.037 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 372.5
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £372.50 Per 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
Among 12 similar decisions in this collection:
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- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £303 per Week for Tenancy
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- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property 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 tenant is entitled to a maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- The fair rent is determined using formulas and considerations outlined in the Rent Acts.
- The fair rent takes into account the current market conditions and the state of repair of the property.
- The fair rent calculation also considers the Retail Price Index and relevant orders under the Rent Act 1977.
❌ Tends to be rejected
- No significant factors identified that went against the claimant in the provided cases.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set a maximum fair rent of £350 per month for the tenant.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court followed the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999 to determine the 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 calculation of the maximum fair rent using the formula provided in the Rent Acts (Maximum Fair Rent) Order 1999 was crucial.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should follow the same legal framework to determine their fair rent.
What evidence or documents mattered?
The relevant evidence included the tenancy agreement and the calculation of the maximum fair rent.
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 fair rent determinations.
