Tribunal Sets £196 Weekly Fair Rent for Assured Tenancy in London
📌 In brief
The First-tier Tribunal decided on a fair rent for a property. The rent was set at £196.00 per week, excluding some costs like water rates and council tax. The decision also included a calculation based on the Retail Price Index (RPI).
⚖️ Legal holding
A tenant is entitled to a fair rent set below the maximum fair rent of £212.00 per week, as calculated under the Rent Act 1977.
📖 Technical summary
The Tribunal set a fair rent of £196.00 per week for an assured tenancy, below the maximum fair rent of £212.00 per week.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair rent for a property under the Rent Act 1977. The rent was set at £196.00 per week, excluding water rates and council tax but including fuel charges. The decision included a calculation of the maximum fair rent based on the Retail Price Index (RPI).
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00AN/F77/2022/0001
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]
[NAME]
Landlord Mr [APPELLANT] ℅ [APPELLANT] (London) ltd
Tenant Mrs [APPELLANT]
1. The fair rent is 196.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 28th February 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 do not apply because it is below the uncapped rent (see calculations below) 7. Details (other than rent) where different from Rent Register entry
None.
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 £212 per week as set out in the attached calculations.
[NAME] of decision 28th February 2022
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 317.7
PREVIOUS RPI FIGURE Y 291
X 317.7 Minus Y 291 = (A) 26.7
(A) 26.7 Divided by Y 291 = (B) 0.092
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.142
Last registered rent* 185.50 Multiplied by (C) = 211.84 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 212.00
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £212.00 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:
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4166663
- First-tier Tribunal (Property Chamber) Tribunal sets £1,400/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £1790/month Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent of £103 Per Week
- First-tier Tribunal (Property Chamber) Tribunal sets £720/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £16,584/year Fair Rent for Assured Tenancy in Ealing
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £840 Per Month
- First-tier Tribunal (Property Chamber) Tribunal Sets £17,280 Annual Fair Rent for Assured Tenancy in Northumberlan…
- First-tier Tribunal (Property Chamber) Tribunal sets £122/week fair rent for assured tenancy in Newcastle
- First-tier Tribunal (Property Chamber) Tribunal Sets £880/month Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4164837
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent of £152.00 per week for tenant
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 £196.00 per week.
- The effective date for the new fair rent was set as February 28, 2022.
- The maximum fair rent calculation showed that the capping provisions did not apply.
- The calculation used the previous registered rent of £185.50.
- The calculation included a 5% increase because it was not the first application since February 1, 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 £196.00 per week for an assured tenancy, below the maximum fair rent threshold.
What was the dispute about?
The dispute was over setting a fair rent for an assured tenancy, specifically whether the proposed rent should be capped under the Rent Act 1977.
How did the court decide, and why?
The court decided to set the fair rent at £196.00 per week, as it was found to be below the maximum fair rent threshold, ensuring compliance with the Rent Act 1977.
Which laws or rules were applied?
The Rent Act 1977 Schedule 11 was applied to determine the fair rent.
What was the argument that mattered most?
The argument centered on the calculation of the fair rent using the latest retail price index figures and ensuring it remained below the maximum fair rent threshold.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, confirming the fair rent at £196.00 per week.
What does this mean for someone in a similar situation?
For someone in a similar situation, the decision confirms that the fair rent can be set below the maximum fair rent threshold, provided the calculations comply with the Rent Act 1977.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered, but it likely included relevant financial data and rental agreements.