Tenant Wins: Invalid Rent Increase Notice Due to Incorrect Form Usage
📌 In brief
In this case, a tenant successfully argued that their landlord's notice for a rent increase was invalid because it used an outdated form. The rent stayed at £75 until the tenancy ended.
⚖️ Legal holding
A tenant is entitled to a valid notice for rent increase under the prescribed form.
📖 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 in a prescribed form to propose an increase in rent, which must begin at least two months after the notice is served. The notice must follow a specific format to be valid.
This section provides that a tenant can apply to a tribunal to challenge the rent payable under an assured tenancy, except if the rent is already set by a previous determination or if more than six months have passed since the start of the tenancy. Additionally, a tenant can challenge a new rent proposed in a notice under section 13(2) or 13A(2).
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The notice for rent increase was invalid due to incorrect form usage.
📜 Headnote Official document
The First-tier Tribunal ruled that a tenant's rent increase notice was invalid because it used an outdated form. The rent remained at £75 until the tenancy ended.
📚 Full judgment Official document
OUTCOME: Allowed
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case reference : MAN/30UJ/MNR/2021/0029
Property : 10 [ADDRESS], [POSTCODE]
Applicant: [redacted]
Respondent: [redacted]
Type of [NAME] : Decision in relation to section 13 of the Housing Act 1988
Tribunal member(s) : Judge [NAME] : (p): Paper determination
Property Chamber, [NAME] first-tier Tribunal, 1st floor, Piccadilly Exchange, 2 Piccadilly Plaza, Manchester, [POSTCODE]
Date of decision : 9 March 2022
DECISION
Decision:
The proposed rent increase in invalid. The rent remains at £75 until such time as the tenancy ended.
Reasons:
1. The tribunal received an [NAME] under section 13 of the Housing Act 1988 (“the Act”). It was accompanied by a Notice dated 12 March 2021 proposing a rent increase from £75 to £85 per week from 19 April 2021. Since 15 April 2013, the applicant has had an assured tenancy of 10 [ADDRESS], [POSTCODE] (“the Property”). The 2 bedroom terraced property is unfurnished.
2. On 22 January 2022 the parties were invited to send written representations to the tribunal. Neither party replied. The tribunal made a paper determination on 9 March 2022. The tribunal found that the Property was empty and for rent.
3. A landlord may service a notice to increase rent in accordance with S13(2) Housing Act 1988 (the Act). The notice must be on the prescribed form. The Notice dated 12 March 2021 was not the current prescribed form as it referred to a [NAME]. The current prescribed form is obtained from the government website. As a consequence, the notice served is invalid and the rent cannot be increased.
4. In addition, in accordance with s14 (8) of the Act, as the tenancy has come to an end the tribunal is no longer required to continue with a determination of a market rent..
5. As a consequence, the rent remains £75 for the period of the tenancy.
Name: Judge White Date: 9 March 2022
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 [NAME] which has been dealing with the case.
The [NAME] for permission to appeal must arrive at the [NAME] 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).
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tenant Wins Challenge Against Invalid Rent Increase Notice
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent Increase for Assured Tenancy
- First-tier Tribunal (Property Chamber) Landlord Granted Urgent Repairs Dispensation to Prevent Flooding
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Reduces Financial Penalty to £500
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Boiler Installation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation Order for Fire Alarm System Install…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
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 tenant is entitled to challenge a rent increase notice if it violates statutory time requirements.
- The tenant is entitled to a rent determination based on the property's condition and market comparables.
- The tribunal may grant a dispensation order to bypass consultation requirements if it is reasonable to do so.
- The tenant is entitled to a rent repayment order if the landlord fails to hold a valid license and commits unlawful eviction.
❌ Tends to be rejected
- The tenant cannot bring an application without providing the required notice of rent increase in the prescribed form.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided that the notice for rent increase was invalid because it used an outdated form.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court decided that the notice was invalid because it did not use the current prescribed form.
Which laws or rules were applied?
The Housing Act 1988 sections 13 and 14 were applied.
What was the argument that mattered most?
The argument that mattered most was that the notice did not comply with the current prescribed form.
Was the decision for or against the person who brought the case?
The decision was for the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any notices for rent increases comply with the current prescribed form.
What evidence or documents mattered?
The notice for rent increase was the key document.
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 rent increases.