Fair Rent Determination for Property Under Rent Act 1977
📌 In brief
The First-tier Tribunal (Property Chamber) decided on a fair rent for a property under the Rent Act 1977. They took into account the property's condition and market conditions to determine the fair rent.
⚖️ Legal holding
A tenant is entitled to a fair rent determination that reflects the property's condition and market conditions, subject to statutory caps.
📖 Technical summary
The Tribunal determined a fair rent for a property under the Rent Act 1977, considering various factors affecting the rental value.
📜 Headnote Official document
The Tribunal determined a fair rent for a property under the Rent Act 1977, considering various factors affecting the rental value, including the property's condition and market conditions. The decision was made by the First-tier Tribunal (Property Chamber) on 13 February 2026.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. HAV/23UC/F77/2025/0642
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were Rose Cottage Sherborne Cheltenham Gloucestershire [POSTCODE]
[NAME] Mr [APPELLANT]
[COMPANY]
Tenant Mrs [APPELLANT]
1. The fair rent is £10,044.00 Per Annum (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 13 February 2026
3. The amount for services is n/a Per n/a
not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
n/a Per n/a
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:
(a) 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 £10,413.50 per Annum.
[NAME] of decision 13 February 2026
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 408.5
PREVIOUS RPI FIGURE Y 358.3
X 408.5 Minus Y 358.3 = (A) 50.2
(A) 50.2 Divided by Y 358.3 = (B) 0.14
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) 1.19
Last registered rent* £8,750.00 Multiplied by (C) = £10,413.43 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £10,413.50
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £10,413.50 Per Annum
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.
1
Case Reference
: HAV/23UC/F77/2025/0642
Property : Rose Cottage, Sherborne, Cheltenham, Gloucestershire, [POSTCODE]
Tenant
: Mrs [APPELLANT]
Landlord : [COMPANY] of Tenant’s Objection : 19 November 2025
Type of Application : Section 70, Rent Act 1977
Tribunal
: Mr [NAME] Mr [NAME] of Summary Reasons : 13 February 2026
_______________________________________________
DECISION
The sum of £10,044 per calendar month will be registered as the fair rent with effect from 13 February 2026, being the date, the Tribunal made the Decision. ____________________________________
© CROWN COPYRIGHT 2025
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2
SUMMARY REASONS
Background
1. Following an objection from the Tenant to the determination of a fair rent by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977.
2. The parties did not request a hearing or an inspection in order to determine this matter and the Tribunal agreed with this arrangement. Therefore, the Tribunal considered this case on the basis of the papers provided by the parties and the Rent Officer’s calculations.
Evidence
3. The Tribunal received a completed Reply Statements from the Landlord and the Tenant. The parties produced helpful photographs and a floor plan. The Landlord submitted a “Rightmove Best Price Guide” which included comparable evidence of rental values in the general area. The Tribunal had before it, the Rent Officers two Registrations and calculations for the most recent registration on the 21 October 2025 to take effect on that date.
Determination and Valuation
5. Having consideration of the party’s evidence and our own expert, general knowledge of rental values in the Sherborne area, we consider that the open market rent for the property in its current condition would be in the region of £1,550 per month. (£18,600) From this level of rent we have made adjustments in relation to:
Terms of tenancy agreement, no white goods, no carpets or curtains, defects to window units, minimal electric sockets, leaking rainwater fittings, dated sanitary fittings, evidence of damp to internal walls, small rear garden, poor layout on the first floor and tenant’s improvements. This equates to approximately 40%
6. The Tribunal has also made an adjustment for scarcity at 10%
7. The full valuation is shown below:
Market Rent £18,600 pa
Less
approx. 40% £7,440
3
£11,160
Less Scarcity
approx. 10%
£1,116
£10,044 pa
Decision
8. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £10,044 per annum. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £10,413.50 per calendar annum. The calculation of the capped rent is shown on the decision form.
9. In this case therefore the lower rent of £10,044 per annum is to be registered as the fair rent for this property. This is maximum Fair Rent and landlord’s seek to increase the rent proposed in its original notice rather than this determination.
Chairman: [NAME]: 13 February 2026
APPEAL PROVISIONS
These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £876.50 Per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent at £900 Per Month
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent at £195 per week under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets £380 Monthly Fair Rent for Devon Flat
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenanted Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent After Tenant Improvements
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 determined based on the property's condition and market conditions.
- The rent is capped at the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- The rent reflects market conditions adjusted for specific property characteristics.
- The rent is determined by the Tribunal based on comparable evidence and the condition of the property.
- The rent calculation is based on the Retail Price Index and the Rent Acts (Maximum Fair Rent) Order 1999.
❌ Tends to be rejected
- A landlord is entitled to a fair rent based on market conditions and statutory provisions but the claim was dismissed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided on a fair rent for a property under the Rent Act 1977.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court considered the property's condition and market conditions to determine the 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 valuation of the property based on its condition and market conditions.
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 consider the condition of their property and market conditions when seeking a fair rent determination.
What evidence or documents mattered?
Photographs, a floor plan, and comparable evidence of rental values in the area mattered.
Can a decision like this be appealed?
Yes, decisions like this can be appealed through the appropriate legal channels.
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 determinations.
