Tribunal sets fair rent of £233 per week under Rent Act
📌 In brief
The First-tier Tribunal set the fair rent for a rental property at £233 per week, following the rules under the Rent Act 1977. This means that the landlord can charge no more than this amount for rent.
⚖️ Legal holding
A tenant is entitled to have their fair rent set by the First-tier Tribunal (Property Chamber) in accordance with the Rent Act 1977 and relevant regulations.
📖 Technical summary
The Tribunal determined the fair rent for a property under the Rent Act 1977, setting it at £233 per week.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the fair rent for a property at £233 per week, excluding water rates and council tax but including fuel charges. The decision was based on the Rent Act 1977 and relevant regulations.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BK/F77/2023/0263
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]
[NAME] Mr A Ring
Landlord [APPELLANT].
Tenant Ms [APPELLANT]
1. The fair rent is £233 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 10th October 2023
3. The amount for services is
Per
negligible
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 (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 £280.50 per week prescribed by the Order.
[NAME] of decision 10th October 2023
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 376.6
PREVIOUS RPI FIGURE Y 307.4
X 376.6 Minus Y 307.4 = (A) 69.2
(A) 69.2 Divided by Y 307.4 = (B) 0.225
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) 1.275
Last registered rent* 220 Multiplied by (C) = 280.5 *(exclusive of any variable service charge)
Rounded up to nearest 50p =
Variable service charge YES / NO If YES add amount for services
MAXIMUM FAIR RENT = £280.50 Per
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 £139 Per Week for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Tenancy Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Property Based on Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Capped Fair Rent for Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at Maximum Level Under Rent Act
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Capped Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal sets £265.50 as fair rent for protected tenant
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent of £600 under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Fair Rent Determination 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 tenant is entitled to a fair rent calculation under the Rent Act 1977.
- The tenant is entitled to a capped fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- The tenant is entitled to a fair rent that reflects the condition and terms of the property, adjusted for inflation and local market conditions.
- A landlord must apply the lower of the two calculated rents when determining a new fair rent under the Rent Act 1977.
- The tenant is entitled to have their fair rent set by the First-tier Tribunal based on the formula provided in 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 the fair rent at £233 per week.
Who was involved?
A tenant and a property management company.
How did the court decide, and why?
The court applied the Rent Act 1977 to determine the fair rent based on relevant regulations.
Which laws or rules were applied?
Rent Act 1977 Schedule 11 and the Rent Acts (Maximum Fair Rent) Order 1999.
What was the argument that mattered most?
The calculation of fair rent based on the latest retail price index figures.
Was the decision for or against the person who brought the case?
For the tenant, as it set a fair and reasonable rent amount.
What does this mean for someone in a similar situation?
Someone can challenge their rent if they believe it is too high based on legal standards.
What evidence or documents mattered?
The rental agreement and relevant financial data were key to the decision.
Can a decision like this be appealed?
Yes, but only within strict time limits and under specific conditions.
Is it worth getting a solicitor for a case like this?
It is highly recommended to seek legal advice from a qualified solicitor.
