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DismissedFirst-tier Tribunal (Property Chamber)·

Fair Rent Determination Under Rent Act 1977

Case No.

📌 In brief

The Tribunal decided on a fair rent for a tenant's property but capped the rent at £714.50 per month due to statutory limits under the Rent Act 1977 and the Rent Acts Order 1999.

⚖️ Legal holding

A tenant is entitled to a fair rent calculation under the Rent Act 1977, subject to statutory caps.

Topics

fair rentcapping provisionsrent act 1977

Provisions

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

📖 Technical summary

The Tribunal determined a fair rent but capped it under the Rent Acts Order 1999.

📜 Headnote Official document

The Tribunal determined a fair rent of £855 per month but capped it at £714.50 due to statutory provisions under the Rent Act 1977 and the Rent Acts Order 1999.

📚 Full judgment Official document

OUTCOME: Dismissed

FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AY/F77/2025/0328

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

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

Tribunal Judge Mohabir Mrs A Kelly MRICS

Landlord [NAME]

Tenant [APPELLANT]

1. The fair rent is 714.50 Per month (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 18 March 2026

3. The amount for services is

Per

not applicable

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

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)/ do not apply because 1st registration/15% exemption.

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 £855 per month.

Chairman Tribunal Judge Mohabir Date of decision 18 March 2026

FR27 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 406.4

PREVIOUS RPI FIGURE Y 367.2

X 406.4 Minus Y 367.2 = (A) 39.2

(A) 39.2 Divided by Y 367.2 = (B) 0.[PHONE]

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) 1.156753813

Last registered rent* 617.50 Multiplied by (C) = 714.30 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 714.50

Variable service charge NO If YES add amount for services

MAXIMUM FAIR RENT = £714.50 Per month

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:

LON/00AY/F77/2025/0328

Property: [ADDRESS], [POSTCODE]

Tenant: `

[APPELLANT]

Landlord:

[APPELLANT] of Objection:

6 November 2026

Type of Application: Section 70, Rent Act 1977

Tribunal:

Judge I Mohabir

Mrs A Kelly MRICS

Date of Extended Reasons

: 18 March 2026

_____________________________________________

DECISION

The sum of £714.50 per month will be registered as the fair rent with effect from 18 March 2026 being the date the Tribunal made the Decision. ___________________________

© CROWN COPYRIGHT

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

EXTENDED REASONS

Background 1. Following an objection from the landlord 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.

Inspection 2. The Tribunal inspected the property on 18 March 2026 with the landlord’s representative and the tenant present.

Evidence 3. No written submissions were received from the tenant.

4. Written representations were received from the landlord, which were considered by the Tribunal. The Tribunal noted that the landlord had carried out extensive external and internal redecorations and refurbishment approximately 12-18 month previously. However, the Tribunal was satisfied that these works could not be regarded as improvements to the subject property per se. They improved the overall amenity of the building as a whole and the work had been carried out in accordance with modern standards.

Determination and Valuation 5. Having consideration of our own expert, general knowledge of rental values in the area of Waterloo, we consider that the open market rent for the property in its current condition would be in the region of £2,250 per month.

6. From this level of rent we have made global adjustments in relation to:

The tenant’s decorating liability (5%) No white goods, floor covering or curtains (12.5%) Lack of central heating (20%) Dated kitchen and bathroom (15%)

7. After deducting the amount for services, the Tribunal has also made an adjustment for scarcity.

8. The full valuation is shown below:

per month Market Rent

£2,250

Less Deductions above

)

) 52.5% )

£1,181.25

£1,068.75 Less Scarcity

approx. 20%

£213.75

£855.00

9. The Tribunal determines a rent of £855 per month.

3

Decision 10. However, the rent has been capped under the provisions of the Rent Acts (Maximum Fair Rents) Order 1999 at £714.50 per month. The Maximum Fair Rent calculation is annexed to the decision.

Tribunal Judge: Mr I Mohabir

Date: 18 March 2026

APPEAL PROVISIONS

These extended reasons are provided to give the parties an indication as to how the Tribunal made its decision. Any application for permission to appeal should be made on Form RP PTA.

📊 How courts decide similar cases

Among 11 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 fair rent was capped by the Rent Acts (Maximum Fair Rent) Order 1999.
  • The Tribunal used the retail price index to calculate the maximum fair rent.
  • The calculation included an additional 5% because it was a subsequent application since February 1999.
  • The Tribunal considered its own expert knowledge of rental values in the Waterloo area.
  • The Tribunal determined the open market rent for the property in its current condition was £2,250 per month.
  • The Tribunal made a 5% deduction for the tenant's decorating liability.
  • A 12.5% deduction was made for the lack of white goods, floor covering, or curtains.
  • A 20% deduction was applied due to the lack of central heating.
  • A 15% deduction was made for the dated kitchen and bathroom.
  • A scarcity adjustment of approximately 20% was applied to the rent.

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

❓ Frequently asked questions

What did this decision decide?

The Tribunal decided on a fair rent for a tenant's property but capped it at £714.50 per month.

Who was involved?

The tenant and the landlord were involved in the dispute.

How did the court decide, and why?

The court decided based on the Rent Act 1977 and the Rent Acts Order 1999, which includes statutory caps on fair rents.

Which laws or rules were applied?

The Rent Act 1977 and the Rent Acts Order 1999 were applied.

What was the argument that mattered most?

The argument that mattered most was the application of statutory caps on fair rents.

Was the decision for or against the person who brought the case?

The decision was against the tenant, as the rent was capped below the calculated fair rent.

What does this mean for someone in a similar situation?

Someone in a similar situation may face a capped fair rent if statutory limits apply.

What evidence or documents mattered?

The evidence included the property inspection and the calculation of the fair rent.

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 always recommended to seek advice from a qualified solicitor for cases involving fair rent determinations.

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.