Tenant Successfully Challenges Defective Rent Increase Notice

OUTCOME: Dismissed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CAM/38UC/MNR/2022/0082 Property : [ADDRESS] [POSTCODE] Applicant: [redacted] : None Respondent : [redacted] Representative : None Type of [NAME] : Section 13(4) Housing Act 1988 Tribunal Members : N Martindale FRICS Date and venue of Hearing : [ADDRESS] [POSTCODE] Date of Decision : 7 November 2022

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an [NAME] dated 30 September 2022 from the [APPELLANT] of the Property, regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).

2 2 The unsigned notice, dated 1 August 2022, proposed a new rent of £1200 per calendar month, with effect from and including 31 August 2022. The passing rent was £1000 per calendar month.

Decision

3 Notice under S.13(3) must be given by the landlord at least one calendar month before the effective date of the rent proposed. The landlord’s notice period was shorter than a month as the effective start date was within the same calendar month.

4 As the notice of rent increase from the landlord was defective there was no new rent for the [APPELLANT] to appeal, nor for the Tribunal to determine. The passing rent remains unchanged.

5 The Tribunal determines that it has no jurisdiction.

Name: [NAME]: 7 November 2022

3 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).