Tribunal Caps Tenant's Rent at £187.50 Per Week
📌 In brief
The First-tier Tribunal decided to cap the rent for a property at £187.50 per week, ensuring it aligns with the maximum fair rent as defined by the Rent Act 1977 and related regulations.
⚖️ Legal holding
A tenant is entitled to a capped fair rent under the Rent Acts (Maximum Fair Rent) Order 1999, where the uncapped fair rent exceeds the maximum allowed under the Order.
📖 Technical summary
The Tribunal set the fair rent at £187.50 per week, capping the uncapped fair rent of £255 per week.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) set the maximum fair rent for a property at £187.50 per week, excluding water rates and council tax but including fuel charges, following the calculation method outlined 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. GB/LON/00AU/F77/2024/0137
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 24A [ADDRESS], [POSTCODE]
[NAME]
Landlord [COMPANY]
Tenant Ms [APPELLANT]
1. The fair rent is £187.50 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 6 June 2024
3. The amount for services is not applicable Per
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
not applicable 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.
7. Details (other than rent) where different from Rent Register entry
As 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 is above the MFR cap of £187.50 pw and is therefore capped. The uncapped Fair Rent would be £255 per week.
Chairman [NAME] of decision 6 June 2024
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 385.00
PREVIOUS RPI FIGURE Y 296.90
X 385.00 Minus Y 296.90 = (A) 88.1
(A) 88.1 Divided by Y 296.90 = (B) 0.2967
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.3467
Last registered rent* £139.00 per week Multiplied by (C) = 187.20 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £187.50
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £187.50 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 £927/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenanted Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Property After Adjusting for Conditi…
- First-tier Tribunal (Property Chamber) Tribunal sets £194/week maximum fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for London Basement Flat
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4136284
- First-tier Tribunal (Property Chamber) Tribunal sets £2,890/quarter fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Caps Rent at £284.50 Per Week
- First-tier Tribunal (Property Chamber) Tribunal Sets £225.50 Weekly Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at Maximum Level Under Rent Act
- First-tier Tribunal (Property Chamber) Tribunal Sets £242.50 Weekly Rent for Assured Tenancy in London
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 rent is capped at the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.|The fair rent is calculated based on the property's characteristics and market conditions.|The fair rent takes into account the condition, terms, and scarcity of the property.|The maximum fair rent is calculated based on the percentage change in the retail price index and a fixed percentage increase.
❌ Tends to be rejected
- A fair rent determination considers the property's age, location, and state of repair.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set a maximum fair rent of £187.50 per week for an assured tenancy.
What was the dispute about?
The dispute was over the calculation of the maximum fair rent for an assured tenancy.
How did the court decide, and why?
The court decided to set the maximum fair rent at £187.50 per week, applying 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 argument that mattered most was the calculation of the maximum fair rent based on the Retail Price Index (RPI).
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, setting the maximum fair rent at £187.50 per week.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their maximum fair rent to be calculated based on the Rent Acts (Maximum Fair Rent) Order 1999.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
