Tenant Loses Rent Increase Challenge Due to Late Application

OUTCOME: Struck Out

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case reference

:

LON/00AH/MNR/2024/0320

Property

:

[ADDRESS], New Addington, Croydon, [POSTCODE]

Applicant: [redacted]

:

N/a

Respondent: [redacted]

:

N/a

Type of [NAME]

:

Decision in relation to s.13(4) of the Housing Act 1988

Tribunal members

:

Mr [NAME] Registered Valuer

Venue

:

Remote

Date of decision

:

6 September 2024

DECISION

2

Decision

The Tribunal does not have jurisdiction to determine this [NAME] for the reasons stated below.

Background

1. On 29 May 2024 the Tribunal received an [NAME] from the Tenant for determination of the rent for [ADDRESS], New Addington, Croydon, [POSTCODE] ('the Premises') under s.13(4) of the Housing Act 1988 ('the 1988 Act').

2. The Landlord had served a s.13(2) Notice on the Tenant dated 2 April 2024 to increase the rent from £1,118.34 per month to £1,495.91 per month, effective from 20 May 2024.

3. This [NAME] was reviewed by the tribunal legal officer and a letter was sent to the Applicant and copied to Respondents on 26 July 2024 to advise that the tribunal may not have jurisdiction to consider the [NAME] to contest the rent increase. The letter explained the reasons for this preliminary decision as follows:

“The [NAME] was not received at this office before the date when the new rent specified in the notice of increase was to take effect. A Tribunal may therefore decide that the [NAME] is out of time and that it does not have jurisdiction to consider the rent.”

4. The parties were invited to make submissions on this preliminary observation.

5. The agent for the landlord replied by e mail on 5 August 2024 to confirm their willingness for this matter to be determined on papers. They gave no opinion that the [NAME] made by the tenant was out of time. No reply was received from the tenant.

6. The Tribunal is supplied with a copy of the Assured Shorthold Tenancy agreement and Section 13 Notice dated 15 November 2017. No evidence is provided to the Tribunal about the date the Notice was given to the tenant. There is no challenge to the validity of the landlord’s Notice and nothing to suggest it had not been properly served.

The Law

7. Section 13(4) of the 1998 Housing Act states:

“Where a Notice is served under sub-section 2 above a new rent specified in the 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

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(b) the Landlord and Tenant agree on a variation of the rent which is different from that proposed in the Notice or agree that the rent should not be varied.”

Reasons for the Decision

8. The s.13(2) Notice submitted to the Tribunal was dated 29 May 2024. This challenges a validly served Notice made by the Landlord on 2 April 2024, with an effective date of 20 May 2024.

9. The Tribunal has referred to the guidance provided at Note 3 of prescribed form 4, the Rent Notice served by the Landlord, that states:

“If you do not accept the proposed new rent, and do not wish to discuss it with your landlord, you can refer this notice to the Tribunal. You must do this before the starting date of the proposed new rent in paragraph 4 of the notice. You should notify your landlord that you are doing so, otherwise he or she may assume that you have agreed to pay the proposed new rent.”

10. The s.13(4) [NAME] to the Tribunal to review the rent dated 20 May 2024 by the Applicant was made beyond the effective date specified in the 13(2) Notice.

11. The Tribunal has also sought guidance from the Upper Tribunal (UT) decision, Robertson v Gordon-Webb [2018] UKUT 235 LC that addresses the extent of discretion the First-tier Tribunal can exercise in extending time limits in Section 13(2) applications. The UT found that the legislations confer no discretion to the First-tier Tribunal to vary the timetable except in exceptional circumstances. The Tribunal has reviewed the circumstances surrounding the [NAME] and they are not persuaded the Applicant made all reasonable efforts to comply with the timetable in a timely manner. There are no grounds presented by the Applicant to the Tribunal that explain his delay in [NAME] the Tribunal [NAME].

12. There is no justified and validated explanation provided by the Applicant of the cause of delay in [NAME] her [NAME]. There is therefore no justification or reasons available to the Tribunal to depart from the statutory timetable given there was a 9 day delay in completion, dating and submission of the [NAME] form following the new rent start date.

13. It is the sole responsibility of the Applicant to ensure that any request to the Tribunal to review the rent complies with the necessary and appropriate procedure. This includes the compliance with the statutory timetable.

14. It is for these reasons that the Tribunal has no jurisdiction to determine the [NAME].

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Name:

[NAME]:

5 September 2024

Valuer Chairman

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), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case.

The [NAME] for permission to appeal must arrive at the regional office 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, the property 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).