Tribunal Sets Fair Rent of £152 Per Week Under Rent Act 1977
📌 In brief
The First-tier Tribunal (Property Chamber) has decided on a fair rent for a property. The rent set is £152 per week, excluding some charges but including others. This decision follows the calculation method outlined in the Rent Act 1977.
⚖️ Legal holding
A tenant is entitled to a fair rent set by the Tribunal under the Rent Act 1977.
📖 Technical summary
The Tribunal set a fair rent for a property under the Rent Act 1977.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair rent of £152 per week for a property under the Rent Act 1977, excluding certain charges but including others. The decision was based on the calculation of the maximum fair rent according to the relevant order.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/F77/2023/0035
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 92 [ADDRESS] [POSTCODE]
Mr N [NAME] Mr [RESPONDENT]
Landlord BPT ([APPELLANT]) Ltd
Tenant [APPELLANT] [NAME] [APPELLANT]
1. The fair rent is £152.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 11 December 2023
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 - 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 do not apply (please see calculation overleaf).
7. Details (other than rent) where different from Rent Register entry
8. For information only:
The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is the below the maximum fair rent of £172.50 per week prescribed by the Order.
[NAME] of decision 11 December 2023
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 377.8
PREVIOUS RPI FIGURE Y 305.5
X 377.8 Minus Y 305.5 = (A) 72.3 (A) 72.3 Divided by Y 305.5 = (B) 0.2367
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.05 + 2.2367 = 1.2867
Last registered rent* £134.00 Multiplied by (C) = 1.2867 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £172.42
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £172.50 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 Fair Rent of £106.50 Per Week Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent of £1,456 Per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Shared Ownership Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Tenant Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent of £207 per week for property
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent for tenant under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent of £678 per month under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £136 Per Week Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £490 Per Month Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent for property 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 fair rent was set at £152.00 per week, excluding water rates and council tax.
- The effective date for the fair rent decision was 11 December 2023.
- The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 did not apply because the determined fair rent was below the maximum.
- The maximum fair rent calculated under the Order was £172.50 per week.
- The calculation used a 5% addition to the RPI change because it was a second or subsequent application since 1 February 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 £152 per week for a property.
Who was involved?
The decision involved a landlord and a tenant.
How did the court decide, and why?
The court used the formula in the Rent Act 1977 to calculate the fair rent.
Which laws or rules were applied?
The Rent Act 1977 and its Schedule 11 were applied.
What was the argument that mattered most?
The calculation of the maximum fair rent using the Retail Price Index was crucial.
Was the decision for or against the person who brought the case?
The decision was for the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should expect their fair rent to be calculated similarly.
What evidence or documents mattered?
The calculation of the maximum fair rent based on the Retail Price Index was important.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for cases involving fair rent determinations.
