Application for Rent Increase Struck Out Due to Late Submission

OUTCOME: Struck Out

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CAM/33UF/MNR/2025/0659 Property : [ADDRESS], [POSTCODE] Applicants (Tenant)

:

[APPELLANT] Respondents (Landlords)

: [COMPANY] of application : Section 13 and 14 of the Housing Act 1988 Determination of market rent payable.

Tribunal member(s)

:

[NAME](Hons)

Date of decision : 6 May 2025

DECISION

This has been a hearing on the papers which has been consented to by the parties. The documents that I was referred to are in individual responses produced by the Applicant and the Respondent. I have noted the contents and my decision is below.

Background

1. On 31 March 2025 the tenant of [ADDRESS], [POSTCODE] (The Property), made an Application (the Application) to the Tribunal referring a notice of increase in rent (the Notice) by the landlord of the Property under Section 13 of the Housing Act 1988.

2 2. The Notice is dated 1 November 2024 and proposed a new rent of £1150 per month, to take effect from 26 January 2025.

3. The tribunal acknowledged receipt of the Application and wrote to both parties on 1 April 2025 to indicate that the Tribunal’s preliminary opinion was that it may not have jurisdiction to consider the matter because the application was not received at the tribunal office before the date when the new rent specified in the notice of increase was due to take effect.

4. The tribunal gave both parties 14 days from that date to make any represneations on the matter.

5. On Tuesday 1 April 2025 the tribunal received an email from the landlords who confirmed the tenancy began as a 6 month fixed term assured shorthold tenancy and then moved to a rolling statutory periodic tenancy. They confirmed that they sent the Notice on 1 November 2024 and the proposed rent increase took effect on 26 Janaury 2025. The landlord also stated that they believe the tenants application to be out of time and as a result ask the tribunal to strike the application out.

6. The tribunal did not receive any representations from the tenant.

The Hearing

7. This hearing has been determined on the papers provided, as no request for a hearing was received from either party

The Law

8. The Tribunal must determine that it has jurisdiction to hear the Application by reference to the validity of application, in order to go on to determine a rent under S14 of the Act.

9. The Act provides in section 13(4)(a) that a new rent specified in the s13 notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice a) the tenant by an application in the prescribed form refers the notice to the appropriate tribunal or b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree the rent should not be varied

10. In short, in this case the Tribunal must satisfy itself that the application was made in time .

11. Subject to the Tribunal having jurisdiction, Section 14 of the Act requires the Tribunal to determine the rent at which it considers the subject property might reasonably be expected to be let on the open market by a willing Landlord under an Assured Tenancy. In so doing the Tribunal is required by Section 14 (1) to ignore the effect on the rental value of the property of any relevant tenants’ improvements as defined in Section 14 (2) of the Act.

3 Issues

12. The tribunal explained to both parties that it would only deal with the question of jurisdiction at this stage. It would issue further directions in respect of the the market rent should it be satisfied that it had jurisdiction to determine that rent.

The Tribunal’s Decision

13. An application to determine the market rent payable must be made to the First-tier Tribunal (Property Chamber) before the beginning of the new period specified in the notice.

14. The application to the tribunal was received on31 March 2025, which is over two months after the start date of the new rent, that being 26 January 2025, and is out of time. The statutory timetable for making a valid rent determination application to the tribunal cannot be varied by the tribunal.

15. The tribunal therefore has no jurisdiction to determine the rent and the tribunal strikes out the application

[NAME](Hons) Regional Surveyor

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), on a point of law only, then a written application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the property, and the case

4 number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).