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AllowedFirst-tier Tribunal (Property Chamber)·

Tribunal Sets Maximum Fair Rent Under Rent Act 1977

Case No.

📌 In brief

The First-tier Tribunal (Property Chamber) decided on the maximum fair rent for a property. They used the Retail Price Index and the previous rent to calculate the new fair rent.

⚖️ Legal holding

A tenant is entitled to a maximum fair rent calculation based on the Retail Price Index and the previous registered rent.

Topics

fair rentmaximum fair rentretail price index

Provisions

Rent Act 1977 Schedule 11Rent Acts (Maximum Fair Rent) Order 1999

📖 Technical summary

The Tribunal has determined 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, calculating it based on the Retail Price Index and the previous registered rent.

📚 Full judgment Official document

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/00BN/F77/2023/0028 Notice of the Tribunal Decision Rent Act 1977 Schedule 11 Address of Premises The Tribunal members were 64 [ADDRESS], [POSTCODE] Tribunal Judge Falder Tribunal Member J Gallagher Landlord [NAME] Tenant [NAME]

1. The fair rent is £ 119.50 Per week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 29/4/2025 3. The rent is not to be registered as variable.

4. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf).

5. Details (other than rent) where different from Rent Register entry N/A 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 £173.00 per week. Judge K Falder Date of Decision 29th April 2025

FR24 MAXIMUM FAIR RENT CALCULATION LATEST RPI FIGURE x 394.00 PREVIOUS RPI FIGURE y 291.70 X 394.00 Minus y 291.70 = (A) 102.30 (A) 102.30 divided by y 291.70 = (B) 0.351 First application for re-registration since 1 February 1999: NO If yes (B) plus 1.075 = (C) If no (B) plus 1.05 = (C) 1.401 Last registered rent* 85 Multiplied by (C) = 119.09 *(exclusive of any variable service charge) Rounded up to nearest 50 pence = £ 119.50 Variable service charge: NO If YES add amount for services MAXIMUM FAIR RENT = £ 119.50 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. £ N/A

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

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 rent is set based on the Retail Price Index.
  • The rent is set based on previous registered rents.
  • The rent reflects the current market conditions.
  • The rent reflects the state of the property.
  • The rent is determined by the Tribunal considering the property's condition, locality, and market conditions.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

It decided the maximum fair rent for a property based on the Retail Price Index and the previous registered rent.

Who was involved?

The tenant and the landlord were involved.

How did the court decide, and why?

The court used the formula provided by the Rent Act 1977 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 based on 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 use the same formula to calculate their maximum fair rent.

What evidence or documents mattered?

The previous registered rent and the Retail Price Index figures 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 always recommended to seek advice from a qualified solicitor for cases involving fair rent calculations.

Official source: First-tier Tribunal (Property Chamber) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.