First-tier Tribunal Sets Fair Rent at £288 Per Week
📌 In brief
The First-tier Tribunal decided on a fair rent of £288 per week for a tenant, but the rent cannot exceed £313 per week according to the Rent Act 1977.
⚖️ Legal holding
A tenant is entitled to a fair rent determination based on the Rent Act 1977.
📖 Technical summary
The Tribunal determined a fair rent of £288 per week, subject to the cap of £313 per week.
📜 Headnote Official document
The First-tier Tribunal determined a fair rent of £288 per week for a tenant, subject to a cap of £313 per week, based on the Rent Act 1977 and the Rent Acts (Maximum Fair Rent) Order 1999.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. GB/LON/00BK/F77/2024/0226
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS], [POSTCODE] [NAME]
Landlord [APPELLANT] c/o [NAME]
Tenant Mr [APPELLANT]
1. The fair rent is £288 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 19th September 2024
3. The amount for services is 3,954.08 Per Annum
negligible/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.
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 the same as/below the maximum fair rent of £313 per week.
[NAME] of decision 19th September 2024
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 389.9
PREVIOUS RPI FIGURE Y 294.3
X 389.9 Minus Y 294.3 = (A) 95.6
(A) 95.6 Divided by Y 294.3 = (B) 0.325
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) 1.375
Last registered rent* 227.50 Multiplied by (C) = 312.81 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £313.00
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £313.00 Per Week
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/00BK/F77/2024/0226
Property : [ADDRESS] [POSTCODE]
Tenant
: Mr [APPELLANT] [NAME]
Landlord : [APPELLANT] c/o [NAME] of Objection : 24th April 2024
Type of Application : Section 70, Rent Act 1977
Tribunal
: Mr [NAME] of Summary Reasons
: 19th September 2024
_______________________________________________
DECISION
The sum of £288 per calendar week will be registered as the fair rent with effect from 19th September 2024 being the date the Tribunal made the Decision. ____________________________________
© CROWN COPYRIGHT 2023 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.
Evidence
3. The Tribunal has consideration of the written submissions from the Tenant. Neither party provided the Tribunal with evidence of rental levels for comparable properties in the area.
Determination and Valuation
4. Having consideration of our own expert, general knowledge of rental values in the Paddington area together with the Landlords comparable evidence, we consider that the open market rent for the property in its current condition would be in the region of £554 per week. (£2,400 per month) From this level of rent we have made adjustments in relation to: no white goods, no carpets or curtains, tenants improvements including double glazing, kitchen and sanitary fittings and terms of the tenancy which equates to approximately 35%
5. The Tribunal has also made an adjustment for scarcity at 20%
6. The full valuation is shown below:
Market Rent £554 pw
Less
approx. 35%
£194 Terms and condition
Leaves
£360
Less Scarcity
approx. 20%
£72
Leaves
£288 pw
3 7. The Tribunal determines a rent of £288 per calendar week
Decision
8. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £288 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £313 per calendar week The calculation of the capped rent is shown on the decision form. In this case the lower rent of £288 per week is to be registered as the fair rent for this property effect from 19th September 2024 being the date the Tribunal made the Decision.
Chairman: [NAME]: 19th September 2024
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 Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Property Considering Condition and Terms
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Capped Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Tenants
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Fair Rent Determination Under the Rent Act 1977
- First-tier Tribunal (Property Chamber) Fair Rent Determination for Tenancy Agreement
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at £190 Per Week
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Tenancy
- First-tier Tribunal (Property Chamber) Fair Rent Determination for a Property Under the Rent Act 1977
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 determined to be £288 per week, excluding water rates and council tax.
- The tribunal used its expert knowledge of rental values in the Paddington area to determine the market rent.
- Adjustments were made to the market rent for the property's condition, including no white goods, carpets, or curtains.
- Tenant improvements like double glazing, kitchen, and sanitary fittings led to a 35% reduction in market rent.
- A 20% adjustment was made for scarcity in the rental market.
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 of £288 per week for a tenant, but the rent cannot exceed £313 per week.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court considered the current condition of the property and compared it to similar properties in the area.
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 comparison of the property's condition and terms to similar properties.
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 might expect a fair rent determination based on the condition and terms of their property.
What evidence or documents mattered?
Written submissions from the tenant and evidence from the landlord were considered.
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 always recommended to seek advice from a qualified solicitor for cases involving fair rent determinations.
