Tenant Wins Challenge Against Defective Rent Increase Notice

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BG/MNR/2022/0025 Property : Flat 35 Kingdon House Galbraith St. London [POSTCODE] Applicant: [redacted] : None Respondent : [redacted] (Landlords) Representative : Mr [COUNSEL]. [COUNSEL] (Agent) Type of [NAME] : Section 13(4) Housing Act 1988 Tribunal Members :

[NAME] and venue of Hearing : 10 [ADDRESS] [POSTCODE] Date of Decision : 4 May 2022

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an [NAME] dated 29 December 2021 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 The notice, dated 13 November 2021, proposed a new rent of £635 per calendar month, with effect from and including 26 November 2021. The passing rent was said to be £460 per calendar month.

2

Decision

3 Notice under S.13 must be given by the landlord at least one calendar month before the effective date of the rent proposed. The landlord’s notice was shorter than this period.

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]. [NAME]: 4 May 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).