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AllowedFirst-tier Tribunal (Property Chamber)·

Tribunal Sets £185/week Rent for Assured Tenancy in London

Case No.

📌 In brief

The First-tier Tribunal (Property Chamber) decided on the maximum fair rent for a property. They used the Retail Price Index and relevant regulations to calculate the fair rent.

⚖️ Legal holding

A tenant is entitled to a fair rent calculation under the Rent Acts (Maximum Fair Rent) Order 1999, which includes a percentage increase based on the retail price index and an additional percentage increase if it is the first application since 1 February 1999, as seen in this case involving a rent increase from £126.00 to £185.00 per week.

Topics

fair rent calculationrent regulation

Provisions

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

📖 Technical summary

The First-tier Tribunal (Property Chamber) set a new fair rent of £185.00 per week for an assured tenancy, applying the formula under the Rent Acts (Maximum Fair Rent) Order 1999.

📜 Headnote Official document

The First-tier Tribunal (Property Chamber) determined the maximum fair rent for a property under the Rent Act 1977, considering the Retail Price Index and relevant regulations.

📚 Full judgment Official document

OUTCOME: Allowed

FR24

First-tier Tribunal – Property Chamber File Ref No.

LON/00BG/F77/2022/0172

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were

24 [ADDRESS], [POSTCODE]

[NAME]

Landlord

[COMPANY]

Tenant

Ms [APPELLANT]

1. The fair rent is

185.00

Per

Week

(excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is

16 November 2022

3. The amount for services is

N/A

Per

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

None

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. The rent that would otherwise have been registered was £510.00 per Week.

[NAME] of decision

16th November 2022

FR24

MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X

374.6

PREVIOUS RPI FIGURE Y

245.6

X

374.6

Minus Y

245.6

= (A)

102.0

(A)

102.0

Divided by Y

245.6

= (B)

0.415

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

If yes (B) plus 1.075 = (C)

No

If no (B) plus 1.05 = (C)

1.465

Last registered rent*

£126.00

Multiplied by (C) =

184.59

*(exclusive of any variable service charge)

Rounded up to nearest 50p =

£185.00

Variable service charge

NO

If YES add amount for services

MAXIMUM FAIR RENT =

£185.00

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:

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's right to a maximum fair rent is recognized according to the Retail Price Index.
  • Relevant legislation supports the calculation of maximum fair rent for tenants.
  • The Rent Acts (Maximum Fair Rent) Order 1999 is used to calculate the maximum fair rent.
  • The Rent Act 1977 is applied in calculating the maximum fair rent for tenants.
  • The court assesses the tenant's rent based on the Retail Price Index and relevant regulations.

❌ Tends to be rejected

  • (No factors identified that went against the claimant in the provided cases.)

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 of £185.00 per week for an assured tenancy.

What was the dispute about?

The dispute was about the calculation of a fair rent for an assured tenancy.

How did the court decide, and why?

The court decided to set the fair rent at £185.00 per week, following the calculation method specified in 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 application of the formula from the Rent Acts (Maximum Fair Rent) Order 1999 to calculate the fair rent.

Was the decision for or against the person who brought the case?

The decision was for the person who brought the case, setting the fair rent at £185.00 per week.

What does this mean for someone in a similar situation?

Someone in a similar situation can expect their fair rent to be calculated using the same formula if they bring a case to the First-tier Tribunal.

What evidence or documents mattered?

The judgment does not specify the evidence or documents that mattered.

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.