First-tier Tribunal sets fair rent for property near railway line
📌 In brief
The First-tier Tribunal set the fair rent for a property near a railway line after considering its location and condition. The decision was made using specific formulas from the Rent Act 1977 to ensure the rent is fair and reflects the property's value accurately.
⚖️ Legal holding
A tenant is entitled to a fair rent that reflects the property's condition and location, adjusted according to statutory formulas.
📖 Technical summary
The Tribunal determined the fair rent for a property under the Rent Act 1977, considering market rental values and adjustments for property condition.
📜 Headnote Official document
The First-tier Tribunal determined the fair rent for a property located adjacent to a busy road and railway line, considering its condition and applying statutory formulas under the Rent Act 1977. The decision reflects adjustments based on market rental values and property specifics.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AZ/F77/2026/0116
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 1, [ADDRESS], [POSTCODE]
[NAME] [NAME] (Chair) [NAME] [NAME] [NAME] [NAME]
Landlord [COMPANY]
Tenant Mr [APPELLANT]
1. The fair rent is £232.50 Per week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 13 July 2026
3. The amount for services is
Per
negligible/not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
Per
negligible/not applicable
5. The rent is/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
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 £ ............................ per ................................... including £ ...................... per ................................. for services (variable).
(b) 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 £237.50 per week as prescribed by the Order. prescribed by the Order.
[NAME] of decision 13 July 2026
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 415.3
PREVIOUS RPI FIGURE Y 385.0
X 415.3 Minus Y 385.0 = (A) 30.3
(A) 30.3 Divided by Y 385.0 = (B) 0.078701
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) 1.128701
Last registered rent* £210 Multiplied by (C) = £237.03 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £237.50
Variable service charge YES / NO If YES add amount for services
MAXIMUM FAIR RENT = £237.50 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.
© CROWN COPYRIGHT 2026
Case Reference : LON/00AZ/F77/2026/0116 Property : 1, [ADDRESS], [POSTCODE] Tenant : Mr [APPELLANT] Landlord : [APPELLANT] of Objection : 24 March 2026 Type of Application : Section 70, Rent Act 1977 Tribunal Members : [NAME] [NAME] [NAME] [NAME] [NAME] [NAME] Mr [NAME] [NAME] and venue of Consideration : 10, [NAME], London, [POSTCODE] Date of Decision : 13 July 2026
_______________________________________________
DECISION
The sum of £232.50 per week will be registered as the fair rent with effect from 13 July 2026, being the date the Tribunal made the Decision. ____________________________________
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. Inspection 2. The Tribunal has carried out an inspection of the property on 13 July 2026. This is an attached house on the corner of [ADDRESS] and facing onto [ADDRESS]. The house is adjacent to a railway line. It has two living rooms, a kitchen and a bathroom on the ground floor and two bedrooms on the first floor. The house has double glazing and central heating. The kitchen and bathroom are basic and the bathroom is accessed from the kitchen. There are small gardens to either side of the house. Evidence 3. The Tribunal has consideration of the written submissions provided by the Tenant. There were no written submissions from the Landlord. Determination and Valuation 4. Having consideration of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition and taking account of its location adjacent to a busy road and a railway line, the layout of the property, the lack of parking and the small gardens would be in the region of £1,800 per calendar month. From this level of rent we have made adjustments in relation to: a. The carpets, curtains and white goods provided by the tenants; basic kitchen and basic bathroom and damp in the living room.
5. The Tribunal has also made an adjustment for scarcity.
6. The full valuation is shown below:
per calendar month Market Rent
£1,800
Less Carpets, Curtain and white goods )
3 Basic Kitchen
) approx. 30% Basic Bathroom
) Damp
)
£540
£1,260
Less Scarcity
approx. 20%
£252
£1,008
7. The Tribunal determines a rent of £1,008 per calendar month and this equates to £232.50 per week. Decision 8. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £232.50 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £237.50 per week. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £232.50 per week is to be registered as the fair rent or this property. Chairman: [NAME]: 13 July 2026
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 request for full reasons should be made within a month. 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 After Tenant Improvements
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Considering Tenant Improvements
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Property Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenanted Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent at £195 per week under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Capped Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Crondall Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Maximum Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent at £800 per Month
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £975 Per Month for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent of £161 Per Week
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 rent is adjusted according to the property's condition.
- The rent is capped at the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- The rent reflects market conditions and specific property characteristics.
- Improvements made by the tenant are considered in determining the fair rent.
- The rent reflects the local rental market rates.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set a fair rent of £232.50 per week for a property near a railway line.
Who was involved?
A tenant and the landlord were involved in the case.
How did the court decide, and why?
The court decided based on an inspection of the property and its condition, applying statutory formulas from the Rent Act 1977.
Which laws or rules were applied?
The Rent Act 1977 Schedule 11 and the Rent Acts (Maximum Fair Rent) Order 1999 were applied.
What was the argument that mattered most?
The condition of the property, its location near a railway line, and market rental values were key arguments.
Was the decision for or against the person who brought the case?
The decision supported the tenant's claim to a fair rent based on statutory formulas.
What does this mean for someone in a similar situation?
Someone facing a similar issue should consider applying the same statutory formulas and presenting evidence of property condition and location.
What evidence or documents mattered?
Evidence included an inspection report, market rental values, and details about the property's condition.
Can a decision like this be appealed?
Yes, decisions can often be appealed to higher courts if there are grounds for appeal.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such cases.
