Tribunal sets maximum fair rent for tenant

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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