Tribunal Sets Maximum Fair Rent of £202 Per Week
📌 In brief
The First-tier Tribunal (Property Chamber) has decided on a maximum fair rent of £202 per week for a rented property. This decision was made following calculations based on the Rent Act 1977 and 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 determined a maximum fair rent for a property under the Rent Act 1977.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a maximum fair rent of £202 per week for a property under the Rent Act 1977, after calculating the rent using the Rent Acts (Maximum Fair Rent) Order 1999.
📚 Full judgment Official document
OUTCOME: Allowed
FR24 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00AN/F77/2023/0092
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were Flat E The Old Vicarage, St. [ADDRESS], [POSTCODE]
[NAME] Mr [NAME]
Landlord [COMPANY]
Tenant Miss [APPELLANT]
1. The fair rent is £202.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 28 June 2023
3. The amount for services is £29.67 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
None
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 £323 per week including £29.67 per week for services (variable).
[NAME] of decision 28TH June 2023
FR24 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 375.3
PREVIOUS RPI FIGURE Y 258.15
X 375.3 Minus Y 258.15 = (A) 117.15
(A) 117.15 Divided by Y 258.15 = (B) 0.454
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.504
Last registered rent* 134 Multiplied by (C) = 201.54 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £202
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £202 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 Maximum Fair Rent for Tenants
- 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 Tenant 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) First-tier Tribunal Determines Maximum Fair Rent Using Retail Price Index
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets maximum fair rent for London 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 Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Maximum Fair Rent Using Retail Price Index
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Property Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Determines Maximum Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenants
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 maximum fair rent was calculated by increasing the previous registered rent by the percentage change in the retail price index.
- An additional 5% was added because this was a second or subsequent application for re-registration since February 1, 1999.
- The final calculated rent was rounded up to the nearest 50 pence to determine the maximum fair rent.
- The latest RPI figure used was from the calendar month immediately before the Tribunal's determination.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set a maximum fair rent of £202 per week for a rented property.
Who was involved?
The tenant and the 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 method specified in the Rent Acts (Maximum Fair Rent) Order 1999.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their rent is calculated according to the Rent Acts (Maximum Fair Rent) Order 1999.
What evidence or documents mattered?
The evidence included the current and previous registered rents and the latest Retail Price Index (RPI) figures.
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 rental disputes.
