Tribunal Sets Maximum Fair Rent for Property Under Rent Act 1977
📌 In brief
The First-tier Tribunal (Property Chamber) decided on the maximum fair rent for a property under the Rent Act 1977. They considered various factors, including the Retail Price Index, to determine the fair rent, which was set at £120.50 per week.
⚖️ Legal holding
A tenant is entitled to a maximum fair rent calculated according to the Retail Price Index and relevant legislation.
📖 Technical summary
The Tribunal calculates the maximum fair rent for a property under the Rent Act 1977.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the maximum fair rent for a property under the Rent Act 1977, taking into account the Retail Price Index and other relevant factors. The fair rent was set at £120.50 per week, excluding certain charges but including others.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00BN/F77/2024/0026 Notice of the Tribunal Decision Rent Act 1977 Schedule 11 Address of Premises The Tribunal members were 16 Lansbury House, [ADDRESS], Whalley Range. [POSTCODE] J White and J [APPELLANT] [NAME]
1. The fair rent is £ 120.50 Per week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 4 March 2025 3. The amount for services is £ 39.44 Per week 4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is £ 16.38 Per week 5. The rent is not to be registered as variable.
7. Details (other than rent) where different from Rent Register entry Defects to bathroom and kitchen 8. For information only: (a) The fair rent to be registered is the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The rent that would otherwise have been registered was £150 per week). Judge J White Date of Decision 4 March 2025
FR24 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE x 391.7 PREVIOUS RPI FIGURE y 320.2 X 391.7 Minus y 320.2 = (A) 71.5 (A) 71.5 divided by y 320.2 = (B) 0.2233 First application for re-registration since 1 February 1999: NO If yes (B) plus 1.075 = (C) If no (B) plus 1.05 = (C) 1.2733 Last registered rent* £94.28 Multiplied by (C) = £120.04 *(exclusive of any variable service charge) Rounded up to nearest 50 pence = £120.50 Variable service charge: NO If YES add amount for services MAXIMUM FAIR RENT = £ 120.50 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 Committee'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 sets fair rent of £120 per week for property
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at Maximum Level Under Rent Act
- 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
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenanted Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent for property near railway line
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent of £112.00 per week for property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Capped Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent of £145 per Week
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 maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- The fair rent must reflect the property's condition and location, adjusted according to statutory formulas.
- Rent applications under section 70 of the Rent Act lead to a determination of a fair rent.
- Fair rent calculations take into account the Retail Price Index (RPI) and previous registered rents.
- A fair rent set by the Tribunal under the Rent Act 1977 is applicable.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The maximum fair rent for a property was set at £120.50 per week.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court used the Retail Price Index and other factors to calculate the maximum 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 consider the same factors when calculating their fair rent.
What evidence or documents mattered?
The Retail Price Index figures and the previous registered rent were 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 calculations.
