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AllowedFirst-tier Tribunal (Property Chamber)·

Tribunal Sets New Fair Rent for Property

Case No.

📌 In brief

The First-tier Tribunal (Property Chamber) has set a new fair rent of £91.50 per week for a property, following the guidelines provided by the Rent Acts (Maximum Fair Rent) Order 1999.

⚖️ Legal holding

A tenant is entitled to a maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.

Topics

fair rentmaximum fair rentrent acts

Provisions

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

📖 Technical summary

The Tribunal set a new fair rent for a property, applying the Rent Acts (Maximum Fair Rent) Order 1999.

📜 Headnote Official document

The First-tier Tribunal (Property Chamber) set a new fair rent of £91.50 per week for a property, applying the Rent Acts (Maximum Fair Rent) Order 1999.

📚 Full judgment Official document

OUTCOME: Allowed

FR24 First-tier Tribunal – Property Chamber File Ref No. MAN/32UH/F77/2022/0046

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 1 White Cottages Ingleby By Saxilby Lincoln Lincolnshire, [POSTCODE]

J A Platt FRICS FIRPM P Mountain FRICS FNAEA

Landlord [APPELLANT]

Tenant [NAME] [APPELLANT]

1. The fair rent is £91.50 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 29 September 2023

3. The amount for services is Not applicable Per Not Applicable

4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is

Not Applicable Per Not Applicable

5. The rent is not 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:

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 £130.00 per week.

Chairman J A Platt FRICS FIRPM Date of decision 29 September 2023

FR24 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 374.2

PREVIOUS RPI FIGURE Y 278.3

X 374.2 Minus Y 278.3 = (A) 95.9

(A) 95.9 Divided by Y 278.3 = (B) 0.344592167

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.394592167

Last registered rent* £65.50 Multiplied by (C) = 91.34578692 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £91.50

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £91.50 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 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:

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 is determined by increasing the previous registered rent by the percentage change in the retail price index.
  • An additional 5% is added to the rent calculation because this was not the first application for re-registration since February 1999.
  • The final calculated rent is rounded up to the nearest 50 pence to determine the maximum fair rent.
  • The latest RPI figure used for the calculation is from the calendar month immediately before the Tribunal's determination.
  • The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply to this rent registration.

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

❓ Frequently asked questions

What did this decision decide?

The decision set a new fair rent of £91.50 per week for a property.

Who was involved?

The decision involved a tenant and a landlord.

How did the court decide, and why?

The court used the formula in the Rent Acts (Maximum Fair Rent) Order 1999 to calculate the fair rent.

Which laws or rules were applied?

The Rent Act 1977 Schedule 11 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 application of the formula in the Rent Acts (Maximum Fair Rent) Order 1999.

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 refer to the Rent Acts (Maximum Fair Rent) Order 1999 for calculating their fair rent.

What evidence or documents mattered?

The evidence included the previous registered rent and the latest RPI figure.

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 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.