Tenant Wins Challenge Against Premature Rent Increase Notice

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CAM/26UE/MNR/2024/0091 Property : [ADDRESS] [POSTCODE] Applicant: [redacted] : None Respondent : [redacted] Sports Club Limited (Landlord) Representative : [RESPONDENT] (Solicitors) Type of Application : Section 13(4) Housing Act 1988 Tribunal Members :

Mr. [NAME] and venue of Hearing : 17 [ADDRESS] [POSTCODE] Date of Decision : 17 July 2024

REASONS FOR DECISION

Background

1 The First Tier Tribunal Property Chamber, received an application form dated 29 April 2024 from the [APPELLANT]. The application was for determination of a new rent of the Property under S.14 by the Tribunal.

2 The [APPELLANT] enclosed a copy of their application form, of their tenancy dated 1 October 2017, with a term commencing the same day and of the Form 4 Notice of Rent Increase dated 28 March 2024. It referred to the

2 passing rent of £1350 pcm and of a new rent to be £1800 pcm with effect from and including 1 May 2024.

3 Neither party requested a hearing. The Tribunal dealt with the preliminary matter of the validity or invalidity of the FORM 4, the landlord’s Notice, on the papers. The [APPELLANT] made this specific point within the representations to the Tribunal. Neither the landlord nor their representative made mention in theirs.

Decision

4 The Notice period provided by the landlord here is in excess of one calendar month but, the effective date referred to in it, is 1 May 2024. The passing rent was set by this Tribunal on 17 May 2023. The passing rent may not be subject to a Notice of increase less than annually. The landlords Notice seeks to increase the rent with only some 350 days having passed since the last increase. The Notice served is premature and is invalid. .

5 In the absence of a valid FORM 4 from the landlord, the Tribunal does not have jurisdiction to determine a new rent under the purported Notice of rent increase. There being no valid Notice of rent increase and no new rent for the Tribunal to determine, the rent remains at the passing figure of £1350 pcm.

Name: [NAME]: 17 July 2024

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.

3 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).