First-tier Tribunal Sets New Fair Rent of £154.50 Per Week
📌 In brief
The First-tier Tribunal has decided on a new fair rent of £154.50 per week for a rented property, using specific formulas under the Rent Act 1977.
⚖️ 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 orders.
📖 Technical summary
The Tribunal sets 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 of £154.50 per week for a property, applying the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00BB/F77/2021/0135
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 1 [ADDRESS], [POSTCODE]
Judge Tagliavini Mrs A Flynn MA MRICS
Landlord London & [COMPANY]
Tenant Ms [APPELLANT] & Ms [APPELLANT]
1. The fair rent is 154.50 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 2 August 2021
3. The amount for services is None Per
negligible/not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
None Per
negligible/not applicable
5. The rent is 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
None
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 £ 217.60 ......................................................................................................................................................... per week ......................... including £ nil ................. per ................................ for services (variable).
Chairman Judge Tagliavini Date of decision 2 August 2021
MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 304
PREVIOUS RPI FIGURE Y 258.5
X 304 Minus Y 258.5 = (A) 45.2
(A) 45.2 Divided by Y 258.5 = (B) 0.174854
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) 1.224854
Last registered rent* 126 Multiplied by (C) = 154.33 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 154.50
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £154.50 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:
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent of £249.00 per week under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Fair Rent for Tenancy Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Tenant Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Fair Rent Determination Under the Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent of £208 per week 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 calculated by increasing the previous registered rent by the percentage change in the Retail Price Index.
- An additional 5% was added to the rent calculation because it was a subsequent application since February 1, 1999.
- The final calculated rent was rounded up to the nearest 50 pence.
- The latest RPI figure used for the calculation was the one published in the calendar month immediately before the Tribunal's determination.
- The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 were applied to the rent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set a new fair rent of £154.50 per week for a rented property.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court used the formula under the Rent Act 1977 to calculate 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 argument focused on the correct application of the Rent Act 1977 formula.
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 ensure their fair rent is calculated correctly 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 often 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.
