Tribunal Determines Fair Rent Below Maximum Limit
📌 In brief
The First-tier Tribunal (Property Chamber) decided on a fair rent of £99.00 per week for a tenant, ensuring it stays below the maximum allowable limit of £106.00 per week according to the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
⚖️ Legal holding
A tenant is entitled to a fair rent determination that adheres to the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
📖 Technical summary
The Tribunal sets a fair rent of £99.00 per week, below the maximum fair rent of £106.00 per week.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair rent of £99.00 per week for a tenant, below the maximum fair rent limit of £106.00 per week, as per the Rent Act 1.977 and the Rent Acts (Maximum Fair Rent) Order 1999.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00BY/F77/2021/0011
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 17 [ADDRESS], [POSTCODE]
[ADDRESS] [APPELLANT]
Landlord [APPELLANT]
Tenant Miss [APPELLANT]
1. The fair rent is £99.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 02 July 2021
3. The amount for services is
Per
not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
Per
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
8. For information only:
(a) 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 £106.00 per week prescribed by the Order.
[ADDRESS] of decision 02 July 2021
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 301.90
PREVIOUS RPI FIGURE Y 284.60
X 301.90 Minus Y 284.60 = (A) 17.3
(A) 17.3 Divided by Y 284.60 = (B) 0.0608
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) 1.1108
Last registered rent* 95.00 Multiplied by (C) = 105.53 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £106.00
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £106.00 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) First-tier Tribunal sets fair rent for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- 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 under Rent Act 1977
- 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 maximum fair rent for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent for Tenancy Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent for property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Fair Rent Determination for Property Condition and Scarcity
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 determination that considers the actual condition of the property.
- The tenant is entitled to a fair rent calculation under the Rent Act 1977, taking into account changes in the Retail Price Index.
- The tenant is entitled to a maximum fair rent calculated according to the Rent Acts (Maximum Fair Rent) Order 1999.
- The tenant is entitled to a fair rent as determined by the Tribunal under the Rent Act 1977.
- The tenant is entitled to a fair rent calculation based on relevant legislation including the Retail Price Index.
❌ Tends to be rejected
- No significant factors identified that went against the claimant in these cases.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set a fair rent of £99.00 per week for a tenant, which is below the maximum fair rent limit of £106.00 per week.
Who was involved?
A tenant and a landlord were involved in the case.
How did the court decide, and why?
The court decided to set a fair rent below the maximum limit because it adheres to the relevant legislation.
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 ensuring the fair rent did not exceed the maximum allowable limit.
Was the decision for or against the person who brought the case?
The decision was for the tenant, as the fair rent was set below the maximum limit.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their fair rent request adheres to the relevant legislation to avoid exceeding the maximum limit.
What evidence or documents mattered?
The calculation of the maximum fair rent based on the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999 was crucial.
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.
