First-tier Tribunal Determines Fair Rent Under Rent Act 1977
📌 In brief
The First-tier Tribunal decided on a fair rent of £728 per month for a rented property after considering the landlord's objection. The decision was made based on the property's condition and market value.
⚖️ Legal holding
A tenant is entitled to a fair rent determined by the Tribunal under the Rent Act 1977.
📖 Technical summary
The Tribunal determined a fair rent for a property under the Rent Act 1977.
📜 Headnote Official document
The Tribunal determined a fair rent of £728 per month for a property located in West Hampstead, following an objection from the landlord. The decision was based on the open market rent and adjustments for the property's condition and scarcity.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AG/F77/2025/0226
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS] [POSTCODE] [NAME] Mr [RESPONDENT] JP
Landlord [NAME] c/o [NAME]
Tenant [APPELLANT]
1. The fair rent is £728 Per Month (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 23 October 2025
3. The amount for services is
Per
None
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
Per
None
5. The rent is not to be registered as variable.
6. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 do not apply as this is a first registration.
7. Details (other than rent) where different from Rent Register entry
The property has living room/kitchen, bedroom, bathroom.
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 £1,003.50 per month.
[NAME] of decision 23 October 2025
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 406.1
PREVIOUS RPI FIGURE Y 284.5
X 406.1 Minus Y 284.5 = (A) 121.6
(A) 121.6 Divided by Y 284.5 = (B) 0.43
First application for re-registration since 1 February 1999 - NO
If yes (B) plus 1.075 = (C) N/A
If no (B) plus 1.05 = (C) 1.48
Last registered rent* 678 Multiplied by (C) = 1003.44 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 1003.50
Variable service charge No If YES add amount for services
MAXIMUM FAIR RENT = 1003.50 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/00AG/F77/2025/0226
Property : [ADDRESS] [POSTCODE]
Tenant
: Mr [APPELLANT] [NAME] [APPELLANT]
Landlord : [APPELLANT] : [APPELLANT] of Tenant’s Objection : 12 June 2025
Type of Application : Section 70, Rent Act 1977
Tribunal
: Mr [NAME] Mr [NAME] JP
Date of Summary Reasons : 29 October 2025
_______________________________________________
DECISION
The sum of £728 per calendar month will be registered as the fair rent with effect from 29 October 2025, being the date, the Tribunal made the Decision. ____________________________________
© CROWN COPYRIGHT 2024
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2
SUMMARY 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.
2. The parties did not request a hearing to determine this matter and the Tribunal agreed with this arrangement. The Tribunal considered this case on the basis of the papers provided by the parties and the Rent Officer with the assistance of Rightmove and Google Maps.
The Inspection
3 The Tribunal inspected the property on 29 October 2025 in the presence of the tenant Mr [APPELLANT].
Evidence
4. The Tribunal received completed Reply Statements from the parties. The Tribunal had before it, the Rent Officers two Registrations and calculations for the most recent registration on 22 May 2025 to take effect on that date.
Determination and Valuation
5. Having consideration of the Landlords evidence and our own expert, general knowledge of rental values in the West Hampstead area, we consider that the open market rent for the property in its current condition would be in the region of £1,400 per month. From this level of rent we have made adjustments in relation to:
6. Terms of tenancy agreement, no white goods, no carpets or curtains, small floor area and poor configuration, This equates to approximately 35%
7. The Tribunal has also made an adjustment for scarcity at 20%
The full valuation is shown below:
Market Rent £1,400 pm
Less
approx. 35% £490
3
£910
Less Scarcity
approx. 20%
£728
£728 pm
Decision
8. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £728 per calendar month. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £1,003.50 per calendar month. The calculation of the capped rent is shown on the decision form.
9 In this case therefore the lower rent of £728 per calendar month is to be registered as the fair rent for this property.
Chairman: [NAME]: 29 October 2025
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) First-tier Tribunal Sets Fair Rent at £800 per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Fair Rent Determination for Residential Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £792.00 Per Month
- 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 Fair Rent for Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £1200 pcm for Tenant
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Service Charge for Fair Rent Determination
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets £224 Weekly Fair Rent for Tenant
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 tenant is entitled to a fair rent that considers the property's condition.
- The tenant is entitled to a fair rent that reflects local rental market rates.
- The tenant is entitled to a fair rent calculated according to the Retail Price Index.
- The tenant is entitled to a fair rent calculation that includes a reasonable service charge.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The fair rent for the property was set at £728 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 open market rent and adjusted for the property's condition and scarcity.
Which laws or rules were applied?
The Rent Act 1977 and related regulations were applied.
What was the argument that mattered most?
The argument about the property's condition and scarcity was crucial.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation might benefit from having their rent reviewed by a tribunal.
What evidence or documents mattered?
Evidence included the property's condition and market rent data.
Can a decision like this be appealed?
Yes, decisions like this can be appealed through the appropriate channels.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for such cases.
