Tenant Successfully Challenges Invalid Rent Increase Notice

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BG/MNR/2022/0055 HMCTS Code (paper, video, audio) :

P: PAPERREMOTE

Property : 27 [ADDRESS], [POSTCODE] Tenant : Miss N Aka Landlord : [APPELLANT] of Application : Section 13 Housing Act 1988 Tribunal Members : Mr [NAME] [NAME] and venue of Consideration : 12 July 2022 [ADDRESS] W1 Date of Decision : 12 July 2022

DECISION The Tribunal does not have jurisdiction to determine this application for the reasons stated below.

Covid-19 pandemic: description of hearing This has been a remote hearing on the papers which has not objected to by the parties. The form of remote hearing was P:PAPERREMOTE face-to-face hearing was not held because no one requested a hearing and allisues could be dealt with on

paper. The documents that the Tribunal were referred to are in a bundle of 10 documents, the contents of which have been noted.

REASONS

The Application 1. The Tribunal received an application from the Tenant, Miss [APPELLANT] dated 28 March 2022. The application was received by the Tribunal on 1 April 2022.

2. The application referred a Landlord’s Notice of Increase that was in relation [ADDRESS] E1 (the subject property). The Notice of Increase was dated 25 February 2022 and proposed to increase the rent of the subject property from £146.01 per week to £167.10 per week with effect from 4 April 2022 both inclusive of services. Facts Found 3. The tenant made submissions that the notice of increase stated the wrong rent and supplied a statement from Universal Credit setting out the previous rent which was stated to be £142.61 per week including services.

4. No evidence was submitted by the Respondent in rebuttal. Discussion and Reasons for the Decision 5. The notice of increase materially misstates the current rent which could have consequences for the tenant if she continues to be in receipt of Universal Credit. The tribunal finds the notice of increase to be invalid and that it does not have jurisdiction.

Name: [NAME]: 12 July 2022

ANNEX - 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. Any appeal in respect of the Housing Act 1988 should be on a point of law.

If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).