Tribunal Sets New Fair Rent for Property Under Rent Act 1977
📌 In brief
The First-tier Tribunal (Property Chamber) has set a new fair rent for a property. This decision was made according to the Rent Act 1977 and the Retail Price Index.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977, taking into account the latest RPI figure and statutory adjustments, resulting in a maximum fair rent of £149.00 per week for this assured tenancy.
📖 Technical summary
The First-tier Tribunal (Property Chamber) set a new fair rent of £149.00 per week for an assured tenancy, applying the Retail Price Index (RPI) increase and a statutory adjustment factor.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a new fair rent for a property under the Rent Act 1977, calculated using the Retail Price Index and the Rent Acts (Maximum Fair Rent) Order 1999.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AE/F77/2023/0382
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 252A [ADDRESS], [POSTCODE]
[NAME]
[ADDRESS]
Tenant Mr [APPELLANT]
1. The fair rent is £149.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 2nd February 2024
3. The amount for services is £2.30 Per Week
negligible/not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
N/A 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
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 £ ............................ per ................................... including £ ...................... per ................................. for services (variable).
(b) The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is below the maximum fair rent of £ 149.18 .............................. per Week .......... including £ ......................................... per ................................. for services (variable) prescribed by the Order.
[NAME] of decision 2nd February 2024
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 379
PREVIOUS RPI FIGURE Y 292
X 379 Minus Y 292 = (A) 87
(A) 87 Divided by Y 292 = (B) 0.29794
First application for re-registration since 1 February 1999 YES/NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.347945
Last registered rent* £110.67 Multiplied by (C) = 1.347945 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £149.00
Variable service charge YES / NO If YES add amount for services
MAXIMUM FAIR RENT = £149.00 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 £1059/Month Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £547.14 Monthly Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent for Islington Property
- First-tier Tribunal (Property Chamber) Tribunal Sets £204.50/Week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £281/Week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £180.50 Weekly Rent for Victorian Terraced House in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £826/Month Fair Rent for Assured Tenancy in Birmingham
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent of £1,102.50 per month under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal sets £232/week rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £196/week Fair Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £227.50 weekly rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £115.50 Per Week Under Rent Act 1977
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 fair rent was set at £149.00 per week, excluding water rates and council tax.
- The effective date for the new fair rent is February 2, 2024.
- An amount of £2.30 per week was included for services.
- The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply to this rent calculation.
- The maximum fair rent was calculated by increasing the previous registered rent by the percentage change in the retail price index.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set a new fair rent of £149.00 per week for an assured tenancy.
What was the dispute about?
The dispute was about adjusting the fair rent for an assured tenancy based on the Retail Price Index increase and additional percentage adjustments.
How did the court decide, and why?
The court decided to set a new fair rent of £149.00 per week, applying the Retail Price Index increase and additional percentage adjustments as required by 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 Retail Price Index increase and additional percentage adjustments to ensure the rent remained fair and reasonable.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, setting a new fair rent of £149.00 per week.
What does this mean for someone in a similar situation?
For someone in a similar situation, they can expect their fair rent to be adjusted based on the Retail Price Index increase and additional percentage adjustments.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
