Tribunal sets fair rent of £600 under Rent Act 1977
📌 In brief
The First-tier Tribunal set the fair rent for a property at £600 per month, following the formula in the Rent Acts (Maximum Fair Rent) Order 1999. The decision was based on the latest RPI figure and previous registered rent.
⚖️ Legal holding
A 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.
📖 Technical summary
The Tribunal determined the fair rent for a property under the Rent Act 1977, setting it at £600 per month.
📜 Headnote Official document
The First-tier Tribunal determined the fair rent for a property at £600 per month, applying the formula from the Rent Acts (Maximum Fair Rent) Order 1999. The tribunal considered the latest RPI figure and previous registered rent to calculate the maximum fair rent.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 irst-tier Tribunal – Property Chamber File Ref No. BIR/37UD/F77/2023/0011
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 24 [ADDRESS], [POSTCODE]
[NAME] Mrs [APPELLANT]
Landlord [APPELLANT]
Tenant Mrs [APPELLANT]
1. The fair rent is £600 Per month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 26/06/2023
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 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 £691 per month prescribed by the Order.
[NAME] of decision 26/06/23
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 372.8
PREVIOUS RPI FIGURE Y 265.5
X 372.8 Minus Y 265.5 = (A) 107.3 (A) 107.3 Divided by Y 265.5 = (B) 0.4041
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.4541
Last registered rent* 475 Multiplied by (C) = 690.71 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £691
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £691 Per month
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 11 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent at £195 per week under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets £100 Weekly Fair Rent for Birmingham Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Residential Property
- First-tier Tribunal (Property Chamber) Fair Rent Determination Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £139 Per Week for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent of £233 per week under Rent Act
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at Maximum Level Under Rent Act
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 is calculated based on market conditions.
- Adjustments are made for specific property characteristics.
- Rent is capped at the maximum fair rent as prescribed by the order.
- Fair rent reflects the property's condition and scarcity.
- The Tribunal sets the fair rent according to the Rent Act 1977.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The fair rent for a property was set at £600 per month.
Who was involved?
A tenant and a landlord were involved in the case.
How did the court decide, and why?
The tribunal applied the formula from the Rent Acts (Maximum Fair Rent) Order 1999 to determine the fair rent.
Which laws or rules were applied?
The Rent Act 1977 Schedule 11 and the Rent Acts (Maximum Fair Rent) Order 1999 were applied.
What was the argument that mattered most?
The calculation of fair rent based on the latest RPI figure and previous registered rent was central to the decision.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant, setting a fair rent as requested.
What does this mean for someone in a similar situation?
Someone seeking to determine their fair rent can follow the same formula and process used by the tribunal.
What evidence or documents mattered?
The latest RPI figure and previous registered rent were key pieces of information.
Can a decision like this be appealed?
Decisions from the First-tier Tribunal can typically be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such cases.
