Tribunal Determines Fair Rent for Tenancy Agreement
📌 In brief
The Tribunal has set a fair rent of £1260 per quarter for a property, excluding water rates and council tax but including fuel charges, following the calculation method under the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
⚖️ Legal holding
A tenant is entitled to a fair rent assessment under the Rent Act 1977, where the calculated rent is below the maximum fair rent limit of £1410.50 per quarter.
📖 Technical summary
The Tribunal set a fair rent of £1260.00 per quarter for an assured tenancy, below the maximum fair rent limit.
📜 Headnote Official document
The Tribunal determined a fair rent of £1260 per quarter for a property, excluding water rates and council tax but including fuel charges, following the calculation method under 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. MAN/00FB/F77/2023/0092
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 6 The Weir, Hessle, [POSTCODE]
[NAME] LL.B Mr [RESPONDENT]
Landlord [APPELLANT]
Tenant Mr [APPELLANT]
1. The fair rent is 1260.00 Per Quarter (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 20 March 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 (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 £1410.50 per quarter prescribed by the Order.
[NAME] LL.B Date of decision 20 March 2024
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 378
PREVIOUS RPI FIGURE Y 268.4
X 378 Minus Y 268.4 = (A) 109.6
(A) 109.6 Divided by Y 268.4 = (B) 0.40835
First application for re-registration since 1 February 1999: NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.45835
Last registered rent* 967 Multiplied by (C) = 1410.22 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 1410.50
Variable service charge: NO If YES add amount for services
MAXIMUM FAIR RENT = £1410.50 Per Quarter
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 £1,100/month rent for assured tenancy in Harrow
- First-tier Tribunal (Property Chamber) Tribunal sets £163/week rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £968 Monthly Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4135544
- First-tier Tribunal (Property Chamber) Tribunal Sets £185.60 Weekly Rent for Assured Tenancy in Sutton
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4136445
- First-tier Tribunal (Property Chamber) Tribunal Sets £15,417/year Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £252 Per Week Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets £239.20 Weekly Fair Rent for Assured Tenancy in Southhall
- First-tier Tribunal (Property Chamber) Tribunal sets £246/week fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent Using Rent Acts Formula
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 fair rent was determined to be £1260.00 per quarter.
- The effective date for the new rent calculation is March 20, 2024.
- The maximum fair rent calculation used the latest RPI figure of 378.
- The maximum fair rent calculation used the previous RPI figure of 268.4.
- The calculation added 1.05 to the RPI change because it was a second or subsequent application.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set a fair rent of £1260.00 per quarter for an assured tenancy.
What was the dispute about?
The dispute was about the fair rent for an assured tenancy in Hessle.
How did the court decide, and why?
The court decided to set the fair rent at £1260.00 per quarter, considering the latest Retail Price Index figures and the previous registered rent.
Which laws or rules were applied?
The Rent Act 1977 Schedule 11 was applied.
What was the argument that mattered most?
The argument that mattered most was the calculation of the fair rent using the latest Retail Price Index figures.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their fair rent to be assessed based on the latest Retail Price Index figures.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
