Tribunal Sets £616/Month Fair Rent for Assured Tenancy in Wembley
📌 In brief
The First-tier Tribunal decided on a fair rent of £616 per month for a property, which is less than the maximum fair rent allowed under the law. This decision was made considering the condition and terms of the tenancy.
⚖️ Legal holding
A tenant is entitled to a fair rent determined by the Tribunal, which may differ from the maximum fair rent due to various factors including the condition and terms of the tenancy.
📖 Technical summary
The Tribunal determined a fair rent of £616 per month, which is lower than the capped maximum fair rent of £693 per month.
📜 Headnote Official document
The Tribunal determined a fair rent of £616 per month for a property, which is lower than the maximum fair rent of £693 per month, as calculated under the Rent Act 1977.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00AE/F77/2023/0188
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 2 [ADDRESS], [POSTCODE]
[NAME] [NAME]
Landlord The [APPELLANT]
Tenant Mrs [APPELLANT]
1. The fair rent is £616 Per month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 31 August 2023
3. The amount for services is 31.00 Per month
negligible/not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
Per
negligible/not applicable
5. The rent is/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)/ do not apply because 1st registration/15% exemption.
7. Details (other than rent) where different from Rent 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. The rent that would otherwise have been registered was £ .................................................................................................................................................................... per .................................. including £ ...................... per ................................ for services (variable).
(b) The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is the same as/below the maximum fair rent of £693.00 .......................... per month .............................................................................................................. including £ 31.00 ................................ per month ..................... for services (variable) prescribed by the Order.
[NAME] of decision 31 August 2023
MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 374.2
PREVIOUS RPI FIGURE Y 284.5
X 374.2 Minus Y 284.5 = (A) 89.7
(A) 89.7 Divided by Y 284.5 = (B) 0.315289
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) 1.36529
Last registered rent* 507.5 Multiplied by (C) = 692.88 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 693.00
Variable service charge YES / NO If YES add amount for services
MAXIMUM FAIR RENT = £693.00 Per 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.
Case Reference
: LON/00AE/F77/2023/0188
Property : 2 Lawns Ct, The Ave Wembley, [POSTCODE]
Tenant
: Mrs [APPELLANT]
Landlord : [NAME] [RESPONDENT] of Objection : 14 June 2023
Type of Application : Section 70, Rent Act 1977
Tribunal
: Mr [NAME] [NAME] of Summary Reasons
: 31 August 2023
_______________________________________________
DECISION
The sum of £616 per calendar month will be registered as the fair rent with effect from 31 August 2023, being the date the Tribunal made the Decision. ____________________________________
© CROWN COPYRIGHT 2023
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
SUMMARY REASONS
Background 1. Following an objection from the Tenant to the determination of a fair rent by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977.
Inspection 2. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.
Evidence 3. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord.
Determination and Valuation 4. Having consideration of the evidence proved by the parties and our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £1400 per calendar month. From this level of rent we have made adjustments in relation to:
Condition and terms of the tenancy
5. The Tribunal has also made an adjustment for scarcity.
6. The full valuation is shown below:
Fair rent PCM Market rent 1,400.00 £ less condition & terms 45% 630.00 -£ adjusted rent 770.00 £ less scarcity off adj rent 20% 154.00 -£ Fair rent 616.00 £
7. The Tribunal determines a rent of £616 per calendar month as the uncapped rent.
Decision 8. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £616 per calendar month. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £693 per calendar month. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £616 per calendar month is to be registered as the fair rent or this property.
Chairman: [NAME]: 31 August 2023
APPEAL PROVISIONS
These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal sets £285/week rent for assured tenancy in Greater London
- First-tier Tribunal (Property Chamber) Tribunal Sets £1220/Month Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £933/Month Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Property at £840 Monthly
- First-tier Tribunal (Property Chamber) Tribunal sets £596.45/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £15,360 Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property with Adjustments
- First-tier Tribunal (Property Chamber) Tribunal sets £213/week fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £1,400/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £3840/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Fair Rent for Tenant Under Rent Act 1977
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 condition and state of repair of the property are considered.
- Market conditions influence the determination of a fair rent.
- Previous registered rents and Retail Price Index adjustments are taken into account.
- The Tribunal considers the scarcity of similar properties when determining fair rent.
- The prescribed formula in the Rent Acts (Maximum Fair Rent) Order 1999 is used for assessment.
❌ Tends to be rejected
- The rent is capped 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?
The Tribunal set a fair rent of £616 per month for an assured tenancy.
What was the dispute about?
The dispute was about the fair rent for an assured tenancy, specifically the amount of rent charged.
How did the court decide, and why?
The court decided to set the fair rent at £616 per month, considering the property's condition and terms of the tenancy.
Which laws or rules were applied?
The Rent Act 1977 and Schedule 11 of the Rent Act 1977 were applied.
What was the argument that mattered most?
The argument that mattered most was the need to adjust the fair rent based on the property's condition and terms of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, setting a fair rent of £616 per month.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their fair rent to be adjusted based on the property's condition and terms of the tenancy.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.
