5 Foscott Cottages, Foscote Lane, Foscott, MK18 6AE
Condition: Period brick-and-tile terraced cottage with no central heating, tenant-installed kitchen units and double glazing of disputed effectiveness, and a roof replaced in 2024, in need of modernisation.
Evidence considered
- Landlord provided evidence of local market rents for 2-3 bed assured shorthold properties in Buckingham and surrounding villages, citing local 2-bed rents of £1,000+ pcm.
- Landlord cited a 2015 letting of a neighbouring cottage at £725 pcm, uprated by RPI (41.6% increase) to suggest a current market rent of around £1,027 pcm.
- Tenant queried rent differences with other cottages in the terrace but tribunal found historic/other cottages' rents not directly relevant as they were on different rent bases.
- Tribunal used its own valuation judgement (full market rent of £1,100 pcm) combined with standard percentage deductions for condition/improvements and a 10% scarcity allowance, rather than relying heavily on the comparables submitted.
Tenant submitted evidence: yes. Landlord submitted evidence: yes.
Tribunal's reasoning
This is a Rent Act 1977 fair rent determination, not a section 13/14 market rent case. The tribunal first assessed a full market rent of £1,100 pcm for the property if fully modernised, then applied deductions totalling 30% (5% each for tenant-provided kitchen, carpets/curtains, white goods, lack of insulation, lack of central heating, and decorating/repair liabilities) plus a 10% scarcity allowance, producing a fair rent of £722 pcm. However, this figure exceeded the maximum permitted under the Rent Acts (Maximum Fair Rent) Order 1999 capping formula, so the capped rent of £712.50 pcm was registered as the effective rent. The previous registered rent (not the figure requested in this notice-of-increase sense) was £400.50 pcm, and the landlord had applied to register £707.50 pcm; the Rent Officer had registered £710.50 pcm before the tenant's objection led to this tribunal hearing.
Read the original decision (PDF, GOV.UK)
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