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AllowedFirst-tier Tribunal (Property Chamber)·

First-tier Tribunal sets new fair rent for property under Rent Act 1977

Case No.

📌 In brief

The First-tier Tribunal (Property Chamber) has decided on a new fair rent for a property. They used the Retail Price Index and relevant regulations under the Rent Act 1977 to calculate the new fair rent, which is £184.53 per week, but subject to certain caps.

⚖️ Legal holding

A tenant is entitled to a fair rent calculation under the Rent Act 1977, taking into account the Retail Price Index and relevant regulations.

Topics

fair rent calculationretail price indextenancy agreement

Provisions

Rent Act 1977 Schedule 11Rent Acts (Maximum Fair Rent) Order 1999

📖 Technical summary

The Tribunal calculated a new fair rent for a property under the Rent Act 1977.

📜 Headnote Official document

The First-tier Tribunal (Property Chamber) determined a new fair rent for a property, considering the Retail Price Index and relevant regulations under the Rent Act 1977. The new fair rent was calculated to be £184.53 per week, subject to capping provisions.

📚 Full judgment Official document

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00AJ/F77/2022/0088

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]

[NAME]

Landlord [APPELLANT]

Tenant Mrs [APPELLANT] & Mr [APPELLANT]. [APPELLANT]

1. The fair rent is 184.53 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 20 July 2022

3. The amount for services is £13.35 Per Week

4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is

N/A 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

3 room, kitchen bath/wc in 1960’s tower block.

A landlord is free to charge a rent up to (not more than) the Fair Rent (currently £152.50 pw from 20/11/2019) but, is not obliged to do so. The tenant confirms they are currently billed £112.38 pw. The new Fair Rent will be £184.53 pw capped and for comparison £200 pw uncapped.

8. For information only:

(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 £200 per week including £13.35 per week for services (variable).

Chairman N [NAME] of decision 20 July 2022

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 337.1

PREVIOUS RPI FIGURE Y

X 337.1 Minus Y 291.0 = (A) 46.1

(A) 46.1 Divided by Y 291.0 = (B) 0.1584

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.2084

Last registered rent* 141.66 (ex sc) Multiplied by (C) = 171.18 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 171.50

Variable service charge YES If YES add amount for services 13.35

MAXIMUM FAIR RENT = £184.53 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 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:

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 calculated by increasing the previous registered rent using the change in the Retail Price Index.
  • A 5% increase was added because this was not the first application for re-registration since February 1999.
  • The variable service charge was added after the formula was applied to determine the maximum fair rent.
  • The final calculated rent was 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 decided on a new fair rent for a property, which is £184.53 per week, subject to certain caps.

Who was involved?

The tenant and the landlord were involved.

How did the court decide, and why?

The court used the Retail Price Index and relevant regulations under the Rent Act 1977 to calculate the new 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 that mattered most was the calculation of the fair rent using the Retail Price Index.

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 Retail Price Index and relevant regulations when seeking a fair rent.

What evidence or documents mattered?

The evidence included the tenancy agreement and relevant financial records.

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 recommended to seek legal advice from a solicitor for cases involving fair rent calculations.

Official source: First-tier Tribunal (Property Chamber) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.