First-tier Tribunal Determines Fair Rent Under Rent Act 1977

OUTCOME: Allowed

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Case Reference:

LON/00AE/F77/2025/0312

Property: [ADDRESS], [POSTCODE]

Tenant: ` [APPELLANT]

Landlord:

[APPELLANT].[APPELLANT]. [APPELLANT] of Objection:

18 December 2025

Type of Application: Section 70, Rent Act 1977

Tribunal:

Judge I [NAME] of Extended Reasons

: 27 February 2026

_____________________________________________

DECISION

The sum of £624 per month will be registered as the fair rent with effect from 27 February 2026 being the date the Tribunal made the Decision. ___________________________

© CROWN COPYRIGHT

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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EXTENDED 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. The fair rent registered by the Rent Officer was £623.50 per month from 24 September 2025. The landlord had applied to register a rent of £650 per month.

Inspection 2. The Tribunal did not inspect the property but considered this case on the basis of the documentary evidence only.

3. The property is a self-contained Second Floor Studio Flat comprised of one room, one

shower room/WC benefits, one kitchen area with the benefit of central heating.

Evidence 4. On 19 November 2025 the Tribunal issued directions to the parties stating that the Tribunal would conduct a determination based on the written representations filed. The Tribunal also informed the parties that they could request a hearing. No such request has been received from either party.

5. In their reply to the Tribunal, both parties made written representations, which were

considered by the Tribunal. 6. The tenant submitted that the property including the common parts were generally

unimproved. The landlord had installed a new boiler in 2025, but the Tribunal did

not regard this as an improvement but a replacement of the previous boiler. The

Tribunal did not consider that the alleged bed bug infestation was relevant to the

valuation of the fair rent. It is a potential issue in nuisance. The Tribunal noted that

the shower room/WC is located separately across a corridor in the property. 7. The tenant placed reliance on a comparable property located in Quex road, Kilburn

with better amenities where the asking rent is/was £849 per month as evidence that

the fair rent registered by the Rent Officer is unreasonable. 8. The Tribunal was satisfied that the alleged repairs carried out by the landlord

approximately 6 years algo would have been taken into consideration when a fair rent

was last registered on 9 June 2020 and cannot be claimed again here. The

installation of a new boiler has been dealt with above. 9. The Tribunal was also satisfied that the other alleged minor repairs carried out by the

landlord from time to time are not improvements, but repairs he is obliged to carry

out under the repairing obligations implied by section 11 of the Landlord and Tenant

Act 1985. Determination and Valuation 10. Having consideration of our own expert, general knowledge of rental values in the area of Brent, we consider that the open market rent for the property in its current condition would be in the region of £1,300 per month.

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6. From this level of rent we have made the following global monthly adjustments in

relation to:

The tenant’s decorating liability and dated condition (£75) No white goods (£25) No floor covering or curtains (£50) Premises not self-contained (£100)

7. The Tribunal has also made an adjustment for scarcity.

8. The full valuation is shown below:

per month Market Rent

£1,300

Less Deductions above

)

£250

£1,050 Less Scarcity

approx. 20%

£210

£840

9. The Tribunal determines a rent of £840 per month.

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

Tribunal Judge: Tribunal Judge Mohabir

Date: 27 February 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.

FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AE/F77/2025/0312

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

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

Judge I [NAME]

Landlord [NAME]

Tenant Ms [APPELLANT]

1. The fair rent is 624.00 Per Month (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 27 February 2026

3. The amount for services is 52.02 Per Month

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

Per

not applicable

6. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf).

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 £840 per month including £52.02 per month for services.

Chairman Judge I Mohabir Date of decision 27 February 2026

FR27 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 406.4

PREVIOUS RPI FIGURE Y 292.7

X 406.4 Minus Y 292.7 = (A) 113.7

(A) 113.7 Divided by Y 292.7 = (B) 0.3884

First application for re-registration since 1 February 1999 NO

If yes (B) plus 1.075 = (C)

If no (B) plus 1.05 = (C) 1.4384

Last registered rent* 433.50 Multiplied by (C) = 1.4384 *(exclusive of any variable service charge)

Rounded up to nearest 50p = £624.00

Variable service charge NO If YES add amount for services 52.02

MAXIMUM FAIR RENT = £624.00 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.