First-tier Tribunal (Property Chamber) Decision — Case 4172072
📌 In brief
The First-tier Tribunal decided on a fair rent for a tenant's property, setting it at £79.00 per week, which is below the maximum allowed fair rent under the law.
⚖️ Legal holding
A tenant is entitled to a fair rent assessment under the Rent Act 1977, where the rent is set at £79.00 per week, below the maximum fair rent of £83.50 per week.
📖 Technical summary
The Tribunal set a fair rent of £79.00 per week for an assured tenancy, below the maximum fair rent of £83.50 per week.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) set a fair rent of £79.00 per week for a tenancy agreement, below the maximum fair rent limit of £83.50 per week, as calculated under the Rent Act 1977.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00EY/F77/2019/0043
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 295 [ADDRESS], [POSTCODE]
[NAME] [NAME] Mr [RESPONDENT]
Landlord [APPELLANT]
Tenant Mr [APPELLANT]
1. The fair rent is £79.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 20 August 2019
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
0.00 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 £83.50 per Week.
[NAME] [NAME] of decision 30 August 2019
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 289.60
PREVIOUS RPI FIGURE Y 272.90
X 289.60 Minus Y 272.90 = (A) 16.70
(A) 16.70 Divided by Y 272.90 = (B) 0.0611945
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) 1.1111945
Last registered rent* 75.00 Multiplied by (C) = 83.33 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 83.50
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £83.50 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 £279/month rent for assured tenancy in Sidcup
- First-tier Tribunal (Property Chamber) Tribunal Sets £218/Week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4171274
- First-tier Tribunal (Property Chamber) Tribunal Sets £175/week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £285.50 Weekly Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £118.50/week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £769/Month Rent for Assured Tenancy in Harrow
- First-tier Tribunal (Property Chamber) Tribunal Sets £110/Week Fair Rent for Assured Tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent of £992.50 for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal sets £21,288/year maximum fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Fair Rent of £716.50
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4171168
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 Tribunal determined a fair rent of £79.00 per week for the premises.
- The effective date for the fair rent was set as 20 August 2019.
- The maximum fair rent calculation applied the capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999.
- The fair rent to be registered was not limited by the Maximum Fair Rent Order because it was below the calculated maximum.
- The maximum fair rent was calculated by increasing the previous registered rent by the RPI change and adding a further 5%.
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 £79.00 per week for an assured tenancy, below the maximum fair rent of £83.50 per week.
What was the dispute about?
The dispute was about setting the fair rent for an assured tenancy below the maximum fair rent allowed under the Rent Act 1977.
How did the court decide, and why?
The court decided to set the fair rent at £79.00 per week because it was below the maximum fair rent of £83.50 per week, as calculated under the Rent Act 1977.
Which laws or rules were applied?
The Rent Act 1977 Schedule 11 was applied to calculate the fair rent.
What was the argument that mattered most?
The argument that mattered most was that the proposed rent of £79.00 per week was below the maximum fair rent of £83.50 per week.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as the fair rent was set below the maximum fair rent.
What does this mean for someone in a similar situation?
For someone in a similar situation, the decision means that the fair rent can be set below the maximum fair rent as long as it complies with the Rent Act 1977.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.