Tribunal Sets Fair Rent Cap Under Rent Act 1977
📌 In brief
The First-tier Tribunal decided on the fair rent for a property, setting it at £33,064 per year, following the guidelines of the Rent Act 1977.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977, resulting in a fair rent of £33,064 per annum, which is below the maximum fair rent limit of £38,911 per annum.
📖 Technical summary
The Tribunal set a fair rent of £33,064 per annum for an assured tenancy, below the maximum fair rent limit.
📜 Headnote Official document
The First-tier Tribunal determined the fair rent for a property under the Rent Act 1977, setting it at £33,064 per annum, excluding water rates and council tax but including service charges.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00BK/F77/2021/0105
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were I1 Albany, Piccadilly, London, [POSTCODE]
Judge Dutton Mrs S F Redmond BSc (Econ) MRICS
Landlord [APPELLANT]
Tenant Mr [APPELLANT]
1. The fair rent is £33,064.00 Per Annum (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 18 June 2021
3. The amount for services is £6,877.62 Per annum
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 7. Details (other than rent) where different from Rent Register entry
8. For information only:
(b) 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 £38,911 per annum including £6,877.62 per annum for services as prescribed by the Order.
Chairman Judge Dutton Date of decision 18 June 2021
MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 301.1
PREVIOUS RPI FIGURE Y 261.1
X 301.1 Minus Y 261.1 = (A) 40
(A) 40 Divided by Y 261.1 = (B) 0.153198
First application for re-registration since 1 February 1999 /NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.203198
Last registered rent* £32,339.50 Multiplied by (C) = £38,910.82 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £38,911
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £38,911 Per annum
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 £246/week fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £265/week fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £211 weekly fair rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £230/week Fair Rent for Assured Tenancy in Northumberland
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at £129 Per Week
- First-tier Tribunal (Property Chamber) Tribunal Sets £452.50/week Maximum Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £275/week rent for assured tenancy in Fulham
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at £190 Per Week
- First-tier Tribunal (Property Chamber) Tribunal Sets £828/Month Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £121/Week Fair Rent for Assured Tenancy in London
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 capped according to the Rent Acts (Maximum Fair Rent) Order 1999.
- A tenant is entitled to a fair rent adjusted for the condition and scarcity of the property.
- A tenant is entitled to a fair rent calculation under the Rent Act 1977.
- A tenant is entitled to a maximum fair rent calculated according to the Retail Price Index and the Rent Acts (Maximum Fair Rent) Order 1999.
❌ Tends to be rejected
- The fair rent is determined by the lower of the two figures calculated under the Rent Act 1977 and 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 £33,064 per annum for an assured tenancy, below the maximum fair rent limit of £38,911 per annum.
What was the dispute about?
The dispute was over the fair rent for an assured tenancy, specifically whether it should exceed the maximum fair rent limit.
How did the court decide, and why?
The court decided to set the fair rent at £33,064 per annum, below the maximum fair rent limit, based on the calculation provided by the Rent Act 1977 Schedule 11.
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 formula specified in the Rent Act 1977 Schedule 11.
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 limit.
What does this mean for someone in a similar situation?
For someone in a similar situation, the decision means that their fair rent will be calculated according to the Rent Act 1977 Schedule 11 and may also be set below the maximum fair rent limit.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
