First-tier Tribunal Sets New Fair Rent of £250.50 Per Week
📌 In brief
The First-tier Tribunal (Property Chamber) has decided on a new fair rent for a property. The rent is set at £250.50 per week, excluding water rates and council tax but including service charges. This decision follows the calculation method outlined in the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
⚖️ 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.
📖 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 £250.50 per week for a property, excluding water rates and council tax but including service charges, following the calculation method prescribed by 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/00BK/F77/2024/0093
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]
[NAME]
Landlord Sanctuary Housing Rent Team
Tenant [NAME]
1. The fair rent is £250.50 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 27 June 2024
3. The amount for services is £21.11 Per Week
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
£5.26 Per Week
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
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 £335 per week including £21.11 per week for services.
[NAME] of decision 27 June 2024
MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 385.0
PREVIOUS RPI FIGURE Y 275.8
X 385 Minus Y 275.8 = (A) 109.2
(A) 109.2 Divided by Y 275.8 = (B) 0.395939
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.445939
Last registered rent* £173 Multiplied by (C) = £250.15 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £250.50
Variable service charge NO If YES add amount for services N/A
MAXIMUM FAIR RENT = £250.50 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 for Tenancy Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Residential Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £135.97 Per Week for Tenant
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Maximum Fair Rent Using Retail Price Index
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Central London Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent for Tenancy Agreement
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 fair rent calculation under the Rent Act 1977.
- The fair rent takes into account the Retail Price Index.
- The fair rent reflects the market conditions and the state of repair of the property.
- The fair rent is adjusted for scarcity.
- The fair rent is calculated according to the Rent Acts (Maximum Fair Rent) Order 1999.
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 £250.50 per week for a property.
Who was involved?
A tenant and a landlord were involved in the dispute.
How did the court decide, and why?
The court followed the calculation method prescribed by the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
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 fair rent using the Retail Price Index was crucial.
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 calculation follows the prescribed method.
What evidence or documents mattered?
The Retail Price Index figures and the relevant regulations were important.
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 calculations.
