Tribunal Caps Fair Rent at Maximum Level Under Rent Act
📌 In brief
The First-tier Tribunal decided on the fair rent for a rental property under the Rent Act 1977, setting it at £208.50 per week based on the maximum fair rent formula.
⚖️ Legal holding
A tenant is entitled to have their rent capped at the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
📖 Technical summary
The Tribunal determined the fair rent for a property under the Rent Act 1977, applying the Maximum Fair Rent formula.
📜 Headnote Official document
The Tribunal determined the fair rent for a property under the Rent Act 1977, applying the formula in the Rent Acts (Maximum Fair Rent) Order 1999 to cap the rent at £208.50 per week.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AW/F77/2026/0032
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were 189D [ADDRESS], [POSTCODE]
[NAME]
Landlord [NAME]
Tenant Mr [APPELLANT]
1. The fair rent is £208.50 Per week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 30 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).
7. Details (other than rent) where different from Rent Register entry
N/A
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 £342 per week.
Chairman S [NAME] of decision 30 March 2026
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 406.4
PREVIOUS RPI FIGURE Y 280.7
X 406.4 Minus Y 280.7 = (A) 125.7
(A) 125.7 Divided by Y 280.7 = (B) 0.4478
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.4978
Last registered rent* £139 Multiplied by (C) = £208.20 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £208.50
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £208.50 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 2025
Case Reference : LON/00AW/F77/2026/0032 Property : 189D [ADDRESS], [POSTCODE] Tenant : Mr H [APPELLANT] Landlord : [NAME] of Objection : 12 December 2025 Type of Application : Section 70, Rent Act 1977 Tribunal Members : Ms [NAME] and venue of Consideration : 30 March 2026 at 10 [ADDRESS] [POSTCODE] Date of Decision : 30 March 2026
_______________________________________________
DECISION
The sum of £208.50 per week will be registered as the fair rent with effect from 30 March 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 did not inspect the property but considered this case on the basis of the papers provided. Evidence 3. The Tribunal issued Directions on 3 February 2026 inviting the parties to complete Reply Forms. No Reply Forms or written submissions were received from the parties.
4. The Tribunal has consideration of the documents provided by the Rent Officer, which include the Landlord’s original application form and the Tenant’s appeal letter.
5. The Property is described as a third floor flat. There are two bedrooms, a living room, kitchen and bathroom.
Determination and Valuation 6. 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 would be in the region of £475 per week. From this level of rent we have made adjustments in relation to: • The terms of the tenancy agreement. • The Tenant having provided all floor and window coverings, white goods and furniture.
7. The Tribunal has also made an adjustment for scarcity.
8. The full valuation is shown below:
3
Per week MARKET RENT £475 Less Terms of tenancy ) Tenant's provision of white goods, furniture, etc ) approx. 10% £47.50
Market rent less deductions £427.50 Less scarcity approx. 20% £85.50 ADJUSTED RENT £342
9. The Tribunal determines a rent of £342 per week. Decision 10. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £342 per week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £208.50 per week. The calculation of the capped rent is shown on the decision form. In this case the lower rent of £208.50 per week is to be registered as the fair rent for this property. Chairman: [NAME]: 30 March 2026
4 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 Maximum Fair Rent for Tenanted Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Property Tenancy
- 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 at £195 per week under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at £129 Per Week
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent After Tenant Improvements
- First-tier Tribunal (Property Chamber) First-tier Tribunal sets fair rent for property near railway line
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Considering Tenant Improvements
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent Under 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 tenant is entitled to a fair rent reflecting the property's condition and market conditions.
- The tenant is entitled to a capped fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- The tenant is entitled to a fair rent that reflects the current state and location of their property, adjusted for improvements.
- The tenant is entitled to a fair rent that reflects the property's condition and location, adjusted according to statutory formulas.
❌ Tends to be rejected
- The tenant is entitled to a fair rent that reflects the property's condition and market value while disregarding any tenant-improvements or disrepair attributable.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal set the fair rent at £208.50 per week.
Who was involved?
A tenant and a landlord were involved in determining the fair rent for a property.
How did the court decide, and why?
The court applied the formula from the Rent Acts (Maximum Fair Rent) Order 1999 to determine the maximum fair rent.
Which laws or rules were applied?
Rent Act 1977 Schedule 11 and the Rent Acts (Maximum Fair Rent) Order 1999 were applied.
What was the argument that mattered most?
The tenant argued for a fair rent calculation under the maximum fair rent formula.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant, setting a lower rent than initially proposed by the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation can rely on the maximum fair rent formula to cap their rent at a reasonable level.
What evidence or documents mattered?
The tribunal considered the property's condition and market rental values.
Can a decision like this be appealed?
Yes, decisions from the First-tier Tribunal can often be appealed to higher courts.
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.
