Tenant's Application Struck Out for Defective Notice
📌 In brief
The First-tier Tribunal dismissed a tenant's application for determining the market rent because the landlord's notice proposing a new rent was defective. The notice did not align with the start date of the tenancy as required by law.
⚖️ Legal holding
A tenant cannot bring an application for determination of market rent if the landlord's notice is defective.
📖 What the law says
This section applies to certain types of assured periodic tenancies, excluding relevant low-cost tenancies. It allows landlords to serve a notice proposing a new rent that must take effect at the beginning of a new period of the tenancy. The new period must begin at least two months after the date of the notice's service. Additionally, if the rent has previously been increased, the new rent must take effect on specific dates related to the previous increases.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The tribunal lacks jurisdiction due to a defective notice from the landlord.
📜 Headnote Official document
The First-tier Tribunal struck out an application for determination of market rent due to a defective notice from the landlord. The notice proposed a new rent but did not take effect at the commencement of a new period of the tenancy, as required by the Housing Act 1988.
📚 Full judgment Official document
OUTCOME: Struck Out
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case reference : CAM/26UJ/MNR/2025/0801
Property : 188D [ADDRESS], [POSTCODE]
Applicant: [redacted]
Respondent Landlord : [APPELLANT] [NAME] of application : Determination of Market Rent – Housing Act 1988
Tribunal : [NAME](Hons)
Date of decision : 5 January 2026
NOTICE OF DECISION TO STRIKE OUT A CASE
Decision
These proceedings are hereby struck out under rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (the “Rules”).
Reasons
1. On 21 November 2025, the tribunal received an application from the applicant tenant for a determination of market rent under section 13(4) of the Housing Act 1988.
2. On 25 November 2025, the tribunal wrote to the parties noting that the Tribunal's preliminary opinion was that it may not have jurisdiction to consider the matter because the landlord's notice proposing a new rent may be defective, as it does not appear to take effect at the commencement of a new period of the tenancy. The tenancy agreement states the commencement date is 15 May 2009 whilst the section 13 notice states that the rent starts on 24 November 2025. Parties were
2 invited to make representations and informed that if the Tribunal decided it did not have jurisdiction it would strike out the application.
3. Neither party has responded. Accordingly, I am satisfied that these proceedings should be struck out as the tribunal does not have jurisdiction in the absence of a valid notice.
4. Accordingly, I strike out the whole of these proceedings under Rule 9(2). This decision will not prevent the applicant from making a new application in future for any matter in respect of which the tribunal has jurisdiction.
[NAME](Hons)
5 January 2026
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 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 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).
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Halts Market Rent Determination Until Valid Notice Confirmed
- First-tier Tribunal (Property Chamber) Rent Adjustment for Assured Tenancy: First-tier Tribunal Decision
- First-tier Tribunal (Property Chamber) Management Company Allowed Urgent Lift Repairs Without Consultation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Based on Property Condition
- First-tier Tribunal (Property Chamber) Rent Adjustment Case: Property Condition and Financial Hardship Considered
- First-tier Tribunal (Property Chamber) Management Company Granted Permission to Skip Consultation for Urgent Repai…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Roof Repairs
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Market Rent for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Strikes Out Tenant’s Market Rent Appeal Due to Binding …
- First-tier Tribunal (Property Chamber) First-tier Tribunal Strikes Out Tenant’s Rent Increase Application
- First-tier Tribunal (Property Chamber) Late Rent Increase Appeal Struck Out by First-tier Tribunal
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 application is made before the new rent takes effect.
- The tenant challenges the validity of the landlord's notice under section 13 of the Housing Act 1988.
- The tenant is entitled to a fair rent adjustment based on the condition of the property and the tenant's ability to pay.
- The management company is entitled to dispensation from statutory consultation requirements if the works are urgent and no objections are raised.
- A tenant is entitled to a fair market rent adjustment considering the property's condition and any improvements made by the tenant.
❌ Tends to be rejected
- A tenant's application for market rent determination under Section 13 of the Housing Act 1988 is struck out if there is a binding provision allowing rent increase.
- A tenant cannot refer a notice of rent increase to the tribunal if their agreement contains a provision for rent increases.
- The tribunal has no jurisdiction to determine the rent if the application is not made before the new rent takes effect.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The application for determining the market rent was struck out because the landlord's notice was defective.
Who was involved?
A tenant and a landlord were involved in the dispute over the market rent.
How did the court decide, and why?
The court decided to strike out the application because the landlord's notice proposing a new rent was defective and did not comply with the requirements set by the Housing Act 1988.
Which laws or rules were applied?
The Housing Act 1988 and the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord's notice proposing a new rent was defective and did not align with the start date of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that their landlord's notice proposing a new rent complies with the relevant laws to avoid having their application struck out.
What evidence or documents mattered?
The evidence that mattered was the defective notice from the landlord proposing a new rent.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal (Lands Chamber).
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for cases involving complex legal issues.