Tribunal Halts Market Rent Determination Until Valid Notice Confirmed
📌 In brief
In a recent case, the First-tier Tribunal couldn't decide on the market rent for a property because the landlord's notice wasn't confirmed as valid by the County Court yet. The judge, a person, said the Tribunal needs confirmation from the County Court before proceeding.
⚖️ Legal holding
A tenant is entitled to challenge the validity of a landlord's notice under section 13 of the Housing Act 1988 before a formal determination can be made by the First-tier Tribunal.
📖 What the law says
This section allows landlords to serve a notice on tenants proposing an increase in rent for an assured periodic tenancy, provided the notice is in the prescribed form and specifies a new rent to take effect at the start of a new period of the tenancy. The new period must begin at least two months after the notice is served.
This section permits a tenant under an assured tenancy to apply to a tribunal to challenge the rent payable under the tenancy, unless the rent is already determined by a previous decision or more than six months have passed since the tenancy began.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal cannot proceed with determining the market rent until the County Court confirms the validity of the landlord's notice under the Housing Act 1988.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) could not proceed with determining the market rent for a property until the County Court confirms the validity of the landlord's notice under sections 13 and 14 of the Housing Act 1988. Judge Peter Roberts FRICS CEnv ruled on 29 December 2025.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CAM/26UE/MNR/2025/0736 HMCTS code : P:PAPERREMOTE
Property : [ADDRESS], [POSTCODE] Applicant (Tenant) : A [APPELLANT] Respondent (Landlord) : [NAME] of application : Determination of a Market Rent: Sections 13 and 14 Housing Act 1988 Tribunal members : Mr [NAME] of Determination : 29 December 2025
This has been a remote determination on the papers which the parties are taken to have consented to, as explained below. The form of determination was a paper determination described above as P:PAPERREMOTE The documents that the Tribunal was referred to are in bundles from the Applicant and the Respondent. The Tribunal has noted the contents and the decision is below.
2
Decision The Tribunal are unable to proceed in this matter unless the County Court determine that the Landlord’s section 13 (2) Notice dated 29 July 2025 is valid.
Reasons Background
1. The Landlord’s agent served notice (the “Notice”) dated 4 November 2024 in reliance upon section 13 (2) of the Housing Act 1988 to increase the passing rent from £800 per month to £1,146.86 per month with effect from 1 September 2025.
2. This rent is stated to be exclusive of Council Tax but inclusive of Water Charges and fixed service charges.
3. The Tenant made an application dated 11 August 2025 to the Tribunal in reliance on section 13 (4) of the Housing Act 1988. This application disputed the validity of the Notice.
4. The Tribunal issued directions on 3 November 2025 inviting the Parties to submit any further representations (including any photographs and details of rentals for similar properties) they wished the Tribunal to consider.
5. The Landlord did not provide any representations in respect of the validity of the Notice.
Validity of the Section 13 (2) Notice
6. The Tenant stated in their “Reply Form” that:
“The landlord’s Form 5 is invalid, as it incorrectly states the amount of the “current rent”. A notice containing such an error does not meet the statutory requirements and is therefore ineffective. In consequence, the tribunal has no jurisdiction to determine the rent at this stage…”
7. The Tenant also provided a written statement repeating the same points and challenging the Landlord to provide certain evidence.
8. [NAME] [RESPONDENT] completed a Reply Form on behalf of the Landlord, it made no reference to the validity of the Notice and no response to the Tenant’s assertions has been received.
3 9. It is therefore the case that the Tribunal only has the evidence submitted by the Tenant before it for consideration in respect of the validity of the Landlord’s Notice.
10. The Tribunal does not currently have jurisdiction to determine the validity of such notices. However, paragraph 48 of the Court of Appeal Decision in Mooney v Whiteland [2023] EWCA Civ 67 states:
“That is not to say that a rent assessment committee may not sometimes need to take a view whether a notice is valid. If it considers that a notice is invalid, it may decline to proceed until the question has been determined by the court. Conversely, if it considers that a notice is valid and that objections are without substance, it may proceed to determine the appropriate rent, but its determination will not prevent a tenant from disputing the validity of the notice.”
11. The Tribunal declines to proceed in this instance until and unless the question of validity has been determined by the Court.
Determination 12. The Tribunal is unable to proceed to a formal determination unless the County Court determines the Notice to be valid.
Name: [NAME]: 29 December 2025
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
4 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).
📊 How courts decide similar cases
Among 10 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Rent Adjustment for Assured Tenancy: First-tier Tribunal Decision
- First-tier Tribunal (Property Chamber) Management Company Allowed Urgent Lift Repairs Without Consultation
- First-tier Tribunal (Property Chamber) Rent Adjustment Case: Property Condition and Financial Hardship Considered
- First-tier Tribunal (Property Chamber) Management Company Granted Permission to Skip Consultation for Urgent Repai…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Emergency Repairs Dispensation Without Consultat…
- First-tier Tribunal (Property Chamber) Tribunal Grants Urgent Works Dispensation Without Consultation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Drainage Repairs
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 the validity of a landlord's notice under section 13 of the Housing Act 1988.
- A tenant is entitled to a fair rent adjustment based on the condition of the property and the tenant's ability to pay.
- A tenant is entitled to a rent adjustment based on the property's condition and market comparables under the Housing Act 1988.
- It is reasonable to dispense with consultation requirements in cases of emergency repairs.
❌ Tends to be rejected
- A local authority has the power to serve an improvement notice under the Housing Act 2004 if it identifies Category 2 hazards that require remediation.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided it could not determine the market rent until the County Court confirms the validity of the landlord's notice.
Who was involved?
The tenant challenged the validity of the landlord's notice, while the landlord did not respond to the challenge.
How did the court decide, and why?
The court decided it lacked jurisdiction to determine the validity of the notice and needed confirmation from the County Court.
Which laws or rules were applied?
Sections 13 and 14 of the Housing Act 1988 were applied.
What was the argument that mattered most?
The tenant argued that the landlord's notice was invalid due to errors in stating the current rent.
Was the decision for or against the person who brought the case?
The decision was for the tenant, as the Tribunal could not proceed without confirming the notice's validity.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any notice they receive is valid before bringing a case to the Tribunal.
What evidence or documents mattered?
The tenant's reply form and written statement challenging the notice's validity were important.
Can a decision like this be appealed?
Decisions from the First-tier Tribunal can be appealed to the Upper Tribunal (Lands Chamber).
Is it worth getting a solicitor for a case like this?
Yes, it is recommended to seek advice from a qualified solicitor for cases involving tenancy disputes.