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AllowedFirst-tier Tribunal (Property Chamber)·

New fair rent set for property by First-tier Tribunal

Case No.

📌 In brief

The First-tier Tribunal (Property Chamber) has decided on a new fair rent for a property. The new rent is set at £427 per month, following the calculation method laid out in the Rent Act 1977.

⚖️ Legal holding

A tenant is entitled to have their fair rent adjusted according to the Retail Price Index and relevant legislation.

Topics

fair rentRetail Price Indextenancy agreement

Provisions

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

📖 Technical summary

The Tribunal has determined 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 £427 per month for a property, applying the calculation method specified in the Rent Act 1977 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/47UE/F77/2024/0044

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 4 [ADDRESS] [POSTCODE]

[NAME] [NAME] [RESPONDENT]

Landlord [APPELLANT]

Tenant [APPELLANT]

1. The fair rent is £427.00 Per calendar month (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 31 January 2025

3. The amount for services is N/A Per N/A

not applicable

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

not applicable

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

None.

8. For information only:

The fair rent to be registered is limited by the Rent Acts (Maximum Fair Rent) Order 1999.

Chairman [NAME] B.Sc.(Est.Man.) FRICS Date of decision 31 January 2025

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 392.1

PREVIOUS RPI FIGURE Y 345.2

X 392.1 Minus Y 345.2 = (A) 46.9 (A) 46.9 Divided by Y 345.2 = (B) 0.13586

First application for re-registration since 1 February 1999 YES/NO

If yes (B) plus 1.075 = (C) N/A

If no (B) plus 1.05 = (C) 1.18586

Last registered rent* £ 360.00 Multiplied by (C) = £426.90 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £ 427.00

Variable service charge YES / NO If YES add amount for services N/A

MAXIMUM FAIR RENT = £ 427.00 Per cal. 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:

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 that reflects market conditions.
  • The tenant is entitled to a fair rent calculation based on the Retail Price Index (RPI).
  • The tenant is entitled to a fair rent that reflects the property's condition and market conditions.
  • The tenant is entitled to a fair rent set by the Tribunal according to the Rent Act 1977.
  • The tenant is entitled to a fair rent determined by the Tribunal using the formula prescribed by 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 £427 per month for a property.

Who was involved?

The tenant and the landlord were involved.

How did the court decide, and why?

The court used the calculation method specified in the Rent Act 1977 to determine 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, setting a new fair rent.

What does this mean for someone in a similar situation?

Someone in a similar situation should ensure they understand how the fair rent is calculated under 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 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.

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.