Tribunal sets maximum fair rent of £170.49 per week
📌 In brief
The First-tier Tribunal (Property Chamber) has decided on a maximum fair rent of £170.49 per week for a rented property. This decision was made according to the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Acts (Maximum Fair Rent) Order 1999, resulting in a maximum fair rent of £170.49 per week.
📖 Technical summary
The Tribunal set a new fair rent of £170.49 per week for an assured tenancy, applying the formula under the Rent Acts (Maximum Fair Rent) Order 1999.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a maximum fair rent of £170.49 per week for a property under the Rent Act 1977, applying the formula in the Rent Acts (Maximum Fair Rent) Order 1999.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AY/F77/2024/0096
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 16a [ADDRESS], [POSTCODE]
Judge Rosanna Foskett Mrs [NAME] MA MRICS
Landlord [NAME]
Tenant Mrs [APPELLANT]
1. The fair rent is £170.49 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 29 April 2024
3. The amount for services is £4.69 Per Week
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
not applicable Per
5. The rent is 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 the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The rent that would otherwise have been registered was £240 per week including £4.69 for services (variable).
Chairman Judge Rosanna Foskett Mrs [NAME] MA MRICS Date of decision 29 April 2024
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 383
PREVIOUS RPI FIGURE Y 292.6
X 383 Minus Y 292.6 = (A) 90.4
(A) 90.4 Divided by Y 292.6 = (B) 0.308954
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.358954
Last registered rent* 122.06 Multiplied by (C) = 165.87 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 166
Variable service charge YES If YES add amount for services 170.49
MAXIMUM FAIR RENT = £170.49 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 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 £872/Month Maximum Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Fair Rent Considering Scarcity
- First-tier Tribunal (Property Chamber) Tribunal Sets £17,236.80 Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £235.50/week Maximum Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £133.50/Week Fair Rent for Four-Bedroom Tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4165130
- First-tier Tribunal (Property Chamber) Tribunal sets £655/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Bristol Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent for terraced house
- First-tier Tribunal (Property Chamber) Tribunal Sets £198.50/week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets £117.38 Weekly Fair Rent for Assured Tenancy in Manchester
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 calculation under the Rent Acts (Maximum Fair Rent) Order 1999.
- The fair rent is determined by considering the Retail Price Index and relevant orders.
- The fair rent takes into account scarcity and market conditions.
- The fair rent is adjusted based on the Tribunal's interpretation of the Rent Act 1977.
- The entitlement to a fair rent is recognized by the First-tier Tribunal.
❌ Tends to be rejected
- No significant factors identified that went against the claimant in these cases.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The First-tier Tribunal set a new fair rent of £170.49 per week for an assured tenancy.
What was the dispute about?
The dispute was about the fair rent for an assured tenancy, specifically the amount that should be charged per week.
How did the court decide, and why?
The court decided to set the fair rent at £170.49 per week, applying the calculation method specified in the Rent Acts (Maximum Fair Rent) Order 1999.
Which laws or rules were applied?
Rent Act 1977 Schedule 11 Rent Acts (Maximum Fair Rent) Order 1999
What was the argument that mattered most?
The argument that mattered most was the application of the Rent Acts (Maximum Fair Rent) Order 1999 to calculate the fair rent.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, setting a fair rent of £170.49 per week.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their fair rent to be calculated according to the Rent Acts (Maximum Fair Rent) Order 1999.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
