Tribunal Sets Fair Rent Cap Under Rent Acts Order 1999
📌 In brief
The First-tier Tribunal decided on a fair rent for a property and applied the capping provisions under the Rent Acts (Maximum Fair Rents) Order 1999. This ensures the rent is fair and complies with the law.
⚖️ Legal holding
A tenant is entitled to a fair rent calculation under the Rent Act 1977, subject to the capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999.
📖 Technical summary
The Tribunal determined a fair rent for a property and applied the cap under the Rent Acts (Maximum Fair Rents) Order 1999.
📜 Headnote Official document
The Tribunal determined a fair rent for a property and applied the capping provisions under the Rent Acts (Maximum Fair Rents) Order 1999. The fair rent was calculated and capped to ensure compliance with statutory requirements.
📚 Full judgment Official document
OUTCOME: Allowed
FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AG/F77/2025/0299
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were [ADDRESS] [POSTCODE]
Mr I Mohabir Ms [APPELLANT]
Landlord [COMPANY]
Tenant Mrs [APPELLANT]
1. The fair rent is 216.00 Per week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 7 January 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
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 £297 per week.
Chairman Tribunal Judge Mohabir Date of decision 7 January 2026
FR27 MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 405.6
PREVIOUS RPI FIGURE Y 214.4
X 405.6 Minus Y 214.4 = (A) 191.2
(A) 191.2 Divided by Y 214.4 = (B) 0.8918
First application for re-registration since 1 February 1999 NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.9418
Last registered rent* £111 Multiplied by (C) = £215.54 *(exclusive of any variable service charge)
Rounded up to nearest 50p = £216.00
Variable service charge NO If YES add amount for services N/A
MAXIMUM FAIR RENT = £216.00 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/00AG/F77/2025/0299
Property: [ADDRESS], [POSTCODE]
Tenant: ` Mrs J [APPELLANT]
Landlord:
[COMPANY] of Objection:
23 September 2025
Type of Application: Section 70, Rent Act 1977
Tribunal:
Judge I [NAME] of Extended Reasons
: 7 January 2026
_________________________________________________
DECISION
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2 The sum of £216 per week will be registered as the fair rent with effect from 7 January 2026 being the date the Tribunal made the Decision. ___________________________
__________
© CROWN COPYRIGHT
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.
Inspection 2. The Tribunal did not inspect the property but considered this case on the basis of the documentary evidence only.
Evidence 3. No written submissions were received from either party. However, the Tribunal noted that, despite the registration of a higher fair rent, the landlord, as a social landlord, does in fact charge a lower rent in accordance with its prevailing annual rent increase formulation or policy.
Determination and Valuation 4. Having consideration of our own expert, general knowledge of rental values in the area of Camden, we consider that the open market rent for the property in its current condition would be in the region of £508.00 per week.
6. From this level of rent we have made global adjustments in relation to:
The tenant’s decorating liability (5%) No white goods (10%) No floor covering or curtains (12%)
7. After deducting the amount for services, the Tribunal has also made an adjustment for scarcity.
8. The full valuation is shown below:
per week Market Rent
£508.00
Less Deductions above
)
3
) 27% )
£137.00
£371.00 Less Scarcity
approx. 20%
£74.20
£297.00
9. The Tribunal determines a rent of £297 per week.
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: Mr I Mohabir Date: 7 January 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.
📊 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) Fair Rent Determination for Residential Property
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent of £992.50 for property under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenanted Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Tenancy Under Statutory Caps
- First-tier Tribunal (Property Chamber) Tribunal Caps Fair Rent at Maximum Level Under Rent Act
- First-tier Tribunal (Property Chamber) Fair Rent Determination Under the Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £876.50 Per Month
- First-tier Tribunal (Property Chamber) Fair Rent Determination for Tenant 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 calculation under the Rent Act 1977.
- The rent must be capped at the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999.
- The fair rent should reflect the property's condition and local market rates, adjusted for scarcity.
- The fair rent calculation must consider the Retail Price Index and the previous registered rent, adjusted for inflation and additional factors.
- The fair rent determination should take into account the condition and amenities of the property.
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 for a property and applied the capping provisions under the Rent Acts (Maximum Fair Rents) Order 1999.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court used the formula in the Rent Acts (Maximum Fair Rents) Order 1999 to calculate the fair rent and applied the capping provisions.
Which laws or rules were applied?
The Rent Act 1977 and the Rent Acts (Maximum Fair Rents) Order 1999 were applied.
What was the argument that mattered most?
The argument that mattered most was the application of the capping provisions under the Rent Acts (Maximum Fair Rents) Order 1999.
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 should ensure their fair rent calculation complies with the capping provisions under the Rent Acts (Maximum Fair Rents) Order 1999.
What evidence or documents mattered?
The evidence and documents related to the property's condition and the previous registered rent mattered.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
Yes, it is always recommended to seek advice from a qualified solicitor for cases involving fair rent determinations.
