Late rent determination application struck out by First-tier Tribunal

OUTCOME: Struck Out

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CAM/42UD/MNR/2024/0113 Property : 9 [ADDRESS], [POSTCODE] Applicants (Tenant)

:

[APPELLANT] and [APPELLANT] Respondents (Landlords)

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

Tribunal member(s)

:

[NAME](Hons)

Date of decision : 24 July 2024

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 4 June 2024 the Applicant, the Tenant of 9 [ADDRESS], [POSTCODE] ([NAME]), made an [NAME] (the [NAME]) to the Tribunal referring a notice of increase in rent (the Notice) by the Landlord of [NAME] under Section 13 of the Housing Act 1988.

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2. The Notice is dated 29 April 2024 and proposed a new rent of £800 per month, to take effect from 2 June 2024.

3. The Tribunal acknowledged receipt of the [NAME] and wrote to both parties on 18 June 2024 to indicate that Tribunal’s preliminary opinion was that it may not have jurisdiction to consider the matter because the [NAME] 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 considered that the preliminary jurisdiction issue could be decided on the basis of written representations and parties were invited to make such representations before 2 July 2024. Parties were informed that the Tribunal would concern itself solely with the question of whether it had jurisdiction to determine the [NAME].

The Hearing

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

The Law

6. The Tribunal must determine that it has jurisdiction to hear the [NAME] by reference to the validity of [NAME], in order to go on to determine a rent under S14 of the Act.

7. 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 [NAME] 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

8. In short, in this case the Tribunal must satisfy itself that the [NAME] was made in time .

9. 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 [NAME] of any relevant tenants’ improvements as defined in Section 14 (2) of the Act.

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Issues

10. 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.

Representations – Tenant

11. On 26 June 2024 the Tribunal received a letter from the tenant, detailing various issues with [NAME]. In relation to the [NAME] being received on time or not the tenants stated that they were not aware they had to send the [NAME] to the Tribunal prior to the date of increase.

Representations – Landlord

12. On 21 June 2024 the Tribunal received an email from the landlord containing a best price guide that they say evidences the rent being requested. No comments were made regarding whether the Tribunal has jurisdiction or not.

The Tribunal’s Decision

13. The Tribunal understands and sympathises with the tenants, that they were not aware the [NAME] had to be made prior to the date the rent was due to increase.

14. However, whatever the position in this respect, an [NAME] to determine the market rent payable must be made to the First-tier Tribunal (Property Chamber) and must be made before the beginning of the new period specified in the notice.

15. This [NAME] to tribunal was made on 4 June 2024, which is two days after the start date of the new rent and is out of time . The statutory timetable for [NAME] a valid rent determination [NAME] to tribunal cannot be varied by the tribunal.

16. The tribunal therefore has no jurisdiction to determine the rent and the tribunal strike out the [NAME].

[NAME](Hons) Regional Surveyor

4 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 [NAME] for permission must be made to the First-tier Tribunal at the [NAME] which has been dealing with the case. The [NAME] for permission to appeal must arrive at the [NAME] within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] 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 [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, [NAME], and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).