Tribunal sets maximum fair rent for tenant
📌 In brief
The First-tier Tribunal (Property Chamber) has decided on the maximum fair rent for a tenant's property. The rent is set at £681 per month, calculated according to the Rent Acts (Maximum Fair Rent) Order 1999.
⚖️ Legal holding
A tenant is entitled to a maximum fair rent calculated according to the Rent Acts (Maximum Fair Rent) Order 1999.
📖 Technical summary
The Tribunal calculates the maximum fair rent for a property using the Retail Price Index and relevant legislation.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the maximum fair rent for a tenant's property to be £681 per calendar month, excluding water rates and council tax but including fuel charges, following the calculation method outlined in the Rent Acts (Maximum Fair Rent) Order 1999.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00BN/F77/2024/0622
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises
The Tribunal members were [ADDRESS], [POSTCODE]
J White and [APPELLANT]
Landlord [APPELLANT]
Tenant Mr [APPELLANT] C [APPELLANT]
1. The fair rent is £ 681 Per Cal. Month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 2 April 2025
3. The amount for services is £ NIL Per
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is £ NIL Per
5. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (calculation overleaf).
6. Details (other than rent) where different from Rent Register entry
Self-contained converted flat, basement bedroom, bathroom and store. Ground living room and kitchen. Parking space. Small flat with unusual layout, bedroom ground level windows looking onto carpark. Some staining, and minor cracking in the lounge, kitchen, above stairs. Signs of historic leak in kitchen. Signs of small areas of dampness in bathroom and by bedroom window. Dated kitchen and bathroom.
8. For information only:
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 £770 per Cal. Month.
Judge J White Date of Decision 2 April 2025
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE x 394
PREVIOUS RPI FIGURE y 347.6
X 394 Minus y 347.6 = (A) 46.4
(A) 46.4 divided by y 347.6 = (B) 0.1335
First application for re-registration since 1 February 1999: NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.1835
Last registered rent* 575 Multiplied by (C) = 680.51
*(exclusive of any variable service charge)
Rounded up to nearest 50 pence = £ 681
Variable service charge: NO
If YES add amount for services
MAXIMUM FAIR RENT = £ 681 Per Cal. 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 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.
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📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent for property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent of £145 per Week
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenant Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Tenant Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Property
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 capped by the Rent Acts (Maximum Fair Rent) Order 1999.
- The previous registered rent was increased by the percentage change in the retail price index.
- A 5% increase was added because this was not the first application for re-registration since February 1999.
- The calculated maximum fair rent was rounded up to the nearest 50 pence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set the maximum fair rent for a tenant's property at £681 per month.
Who was involved?
A tenant and a landlord were involved.
How did the court decide, and why?
The court used the formula provided in the Rent Acts (Maximum Fair Rent) Order 1999 to calculate the maximum fair rent.
Which laws or rules were applied?
The Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999 were applied.
What was the argument that mattered most?
The argument that mattered most was the calculation of the maximum fair rent using the Retail Price Index.
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 ensure their rent is calculated correctly according to the relevant legislation.
What evidence or documents mattered?
The condition of the property and the previous registered rent were important factors.
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 legal advice from a qualified solicitor for cases involving fair rent calculations.
