First-tier Tribunal Sets New Fair Rent Under Rent Act 1977
📌 In brief
The First-tier Tribunal has set a new fair rent for a property under the Rent Act 1977. The decision includes calculations for services and fuel charges, ensuring the rent is fair and reasonable.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977.
📖 Technical summary
The Tribunal sets a new fair rent for a property under the Rent Act 1977.
📜 Headnote Official document
The Tribunal determined a new fair rent for a property under the Rent Act 1977, including calculations for services and fuel charges. The decision was made by Judge Monica Daley on 28 November 2024.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AD/F77/2024/0501
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS] , [POSTCODE]
Judge Monica Daley J A Naylor FRICS FIRPM
Landlord [APPELLANT]
Tenant [NAME]
1. The fair rent is £968.00 Per CM (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 28 November 2024
3. The amount for services is £81.61 Per Calendar month
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 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:
The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is below the maximum fair rent of £1346.93 per week .
Chairman Judge Monica Daley Date of decision 28 November 2024
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 388.60
PREVIOUS RPI FIGURE Y 264.90
X 388.60 Minus Y 264.90 = (A) 123.70
(A) 123.70 Divided by Y 264.90 = (B) .46696867
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.51696867
Last registered rent* £887.91 Multiplied by (C) = £1,346.93
*(exclusive of any variable service charge)
Rounded up to nearest 50p = £1347.00
Variable service charge NO If YES add amount for services NO
MAXIMUM FAIR RENT = £1,347.00 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:
- 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 of £124.00 Per Week
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets New Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent for property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent of £325 Per Week
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent for Tenancy Agreement
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent for Tenant Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent of £552.50 Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent of £87.00 per week under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent of £120 per week for property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent 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 fair rent calculation under the Rent Act 1977.
- The tenant is entitled to a fair rent calculation considering the Retail Price Index changes and relevant orders.
- The tenant is entitled to a maximum fair rent calculated according to the Retail Price Index and 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?
The Tribunal set a new fair rent for a property under the Rent Act 1977.
Who was involved?
The decision involved a tenant and a landlord.
How did the court decide, and why?
The court decided based on the calculations provided under the Rent Act 1977 to ensure the rent was fair and reasonable.
Which laws or rules were applied?
The Rent Act 1977 and its schedules were applied.
What was the argument that mattered most?
The argument centered around the calculation of the fair rent according to the Rent Act 1977.
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 rent is calculated fairly according to the Rent Act 1977.
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?
It is recommended to seek advice from a qualified solicitor for cases involving fair rent determinations.
