Fair Rent Determination for Tenancy Under Rent Act 1977

OUTCOME: Allowed

FR27 First-tier Tribunal – Property Chamber File Ref No. LON/OOAY/F77/2025/0278

Notice of the Tribunal [NAME] 1977 Schedule 11

Address of Premises The Tribunal members were 29 [ADDRESS], [POSTCODE]

[NAME]

Landlord [APPELLANT]

Tenant Mr [APPELLANT]

1. The fair [NAME] is £310.50 Per week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 16 December 2025

3. The amount for services is n/a Per n/a

negligible/not applicable

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

n/a Per n/a

negligible/not applicable

5. The [NAME] is not to be registered as variable.

6. The capping provisions of the [NAME] ([NAME]) Order 1999 apply.

7. Details (other than [NAME]) where different from [NAME] entry

n/a

8. For information only:

(a) The fair [NAME] to be registered is the section 70 fair [NAME] because the [NAME] determined under the [NAME] ([NAME]) Order 1999 is higher.

[NAME] of decision 16 December 2025

FR27 [NAME] FIGURE X 407.4

PREVIOUS RPI FIGURE Y 377.8

X 407.4 Minus Y 377.8 = (A) 29.6

(A) 29.6 Divided by Y 377.8 = (B) 0.07834

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) 1.1283

Last registered [NAME]* £ 275 per week Multiplied by (C) = 310.28 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £310.50

Variable service charge no If YES add amount for services n/a

[NAME] = £310.50 Per week

Explanatory Note

1. The calculation of the maximum fair [NAME], in accordance with the formula contained in the Order, is set out above.

2. In summary, the formula provides for the maximum fair [NAME] to be calculated by:

(a) increasing the previous registered [NAME] 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 [NAME] determination was made.

4. The process differs where the tenancy agreement contains a variable service charge and the [NAME] is to be registered as variable under section 71(4) of the [NAME] 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 [NAME].

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Case Reference

: LON/00AY/F77/2025/0278

Property : 29 [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [APPELLANT] of Objection : 2025

Type of Application : Section 70, [NAME] 1977

Tribunal

: [NAME] 0f Decision : 16 December 2025

_______________________________________________

DECISION

The sum of £310.50 per week will be registered as the fair [NAME] with effect from 16 December 2025, being the date the tribunal made the Decision. ____________________________________

© CROWN COPYRIGHT 2025

Full REASONS

Background

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 1. The landlord submitted an application, dated 16 July 2025, to register a fair [NAME] of £329.99 per week. Previous to the application the [NAME] had registered a fair [NAME] of £275.00 per week effective from 10 October 2023. Following the application the [NAME] registered a fair [NAME] of £287.03 per week effective from 10 October 2025. Following an objection from the landlord dated 4 September 2025 to the determination of a fair [NAME] by the [NAME], the tribunal has made a determination under the provisions of the [NAME] 1977.

2. Directions were issued on 23 October 2025. The matter was determined on the papers on 16 December 2025, without an inspection. Neither party requested an inspection or a hearing.

Inspection 3. The property is described in the [NAME] as a terraced house without central heating, comprising; on the ground floor one room, one kitchen, / diner, on the first floor three rooms, one shower/WC and outside a WC,

4. The tribunal did not inspect the property.

Evidence

Submission by the Tenant

5. The tenant made no submissions.

Submission by the Landlord

6. The landlord made no submissions.

Determination and Valuation

Valuation

12. In determining the level of [NAME] for the fair [NAME], the tribunal must carry out a valuation under section 70 of the [NAME] 1977 and then an assessment under the [NAME]([NAME]) Order 1999.The latter assessment is dependent on the inflation rate between the last registered [NAME] and the date of the current determination which is the date of hearing. The tribunal must then adopt the lower of the two figures as the fair [NAME] to be registered.

13. Having consideration of the comparable evidence proved by the parties and our own expert general knowledge of rental values in the area, the tribunal adopts the figure of £3400.00 per calendar month.

14. The tribunal notes the tenancy commenced in 1929; therefore, it is assumed that any improvements to the property have been carried out by the tenant. The tribunal therefore considers the unimproved state of the property to be that present in 1929.

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From the application for a fair [NAME] the tribunal is aware that the tenant is responsible for the internal repairs and decorations. Such a tenancy would be expected that the tenant supplies the carpets, curtains and white goods.

For the this the tribunal makes an allowance of 50%.

15. The tribunal has also made an adjustment for scarcity at 20%.

[NAME]

£3400 pcm

Less: 50% for condition and terms;

£ 1700 pcm

---------------------------------------- £ 1700 pcm

Less 20% for scarcity £ 340 pcm -----------------------------------

£ 1360 pcm

16. The tribunal determines a [NAME] under section 70 of £1360 pcm.

Decision

17. The [NAME] calculated under section 70 [NAME] 1977 is £1360 pcm which is equivalent to £313.84 per week.

18. The [NAME] calculated under the [NAME] ([NAME]) Order 1999 is £310.50 per week. The [NAME] calculated under section 70 of the [NAME] 1977 [NAME] is higher than the [NAME] calculated under the [NAME] ([NAME]) Order 1999. Therefore, the tribunal determines the [NAME] to be registered is £310.50 per week with effect from 16 December 2025.

Chairman: [NAME]: 16 December 2025

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Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must: a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision. b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.