Tribunal Rejects Tenant's Rent Determination Application Due to Defective Notice
📌 In brief
The First-tier Tribunal dismissed a tenant's application for rent determination because the landlord's notice proposing a new rent was defective. The notice did not specify a date at the beginning of a new period of the tenancy, as required by law.
⚖️ Legal holding
A tenant cannot apply for rent determination under section 14 of the Housing Act 1988 if the landlord's notice under section 13 is defective.
📖 What the law says
This section applies to certain types of assured periodic tenancies, including statutory periodic tenancies and other periodic tenancies that are assured tenancies. Under this section, a landlord can serve a notice proposing a new rent to take effect at the beginning of a new period of the tenancy, provided the notice is in the prescribed form and specifies a date for the new period.
A tenant under an assured tenancy can apply to the appropriate tribunal to challenge the rent payable under the tenancy, except if the rent is pursuant to a previous determination under this section or if more than six months have elapsed since the beginning of the tenancy. Additionally, a tenant can also 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 Tribunal lacks jurisdiction to determine the rent due to a defect in the landlord's notice.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) dismissed an application for rent determination under section 14 of the Housing Act 1988 due to a defective notice served by the landlord under section 13. The notice proposed a new rent but failed to specify a date at the beginning of a new period of the tenancy.
📚 Full judgment Official document
OUTCOME: Struck Out
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case reference : CAM/38UC/MNR/2025/0800
Tenant : [APPELLANT] [NAME]
Landlord : [NAME] : 41 [ADDRESS], [POSTCODE]
Type of Application
Application for determination of rent under section 14 of the Housing Act 1988
Tribunal : [NAME] of Directions : 10 December 2025
DECISION
The Tribunal is of the opinion that it does not have jurisdiction under section 14 of the Housing Act 1988 to determine the rent. The application is therefore struck out pursuant to Rule 9(2).
Background
The applicant referred to the Tribunal a notice served by the landlord under section 13 of the Housing Act 1988 proposing a new rent to take effect on 29 November 2025. The original tenancy commenced on 31 May 2023.
Section 13(2) of the Housing Act 1988 requires that a notice proposing a new rent must specify a date which is "at the beginning of a new period of the tenancy." As the tenancy commenced on 31 May 2023, periods of the tenancy must begin on the last day of each month. The date specified in the landlord’s notice, 29 November 2025 is not at the beginning of a new period of the tenancy.
By letter dated 25 November 2025, the Tribunal invited representations on whether it has jurisdiction to determine this application. No such representations were received.
Decision
The tribunal is of the opinion that it does not have jurisdiction to determine the rent as the landlord’s notice is defective. This is because the new rent does not start at the beginning of a new period of the tenancy.
Therefore, the application is struck out pursuant to Rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.
A copy of this notice is sent to all parties.
[NAME] (Procedural Chair)
Appeals
A party wishing to appeal this decision to the Upper Tribunal (Lands Chamber), on a point of law only, must seek permission to do so by making written application to this Tribunal, to be received within 28 days after the date on which this notification is sent to the parties.
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.
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) Tribunal Halts Market Rent Determination Until Valid Notice Confirmed
- 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) Freeholder Allowed to Appoint New Contractor for Fire Door Works
- First-tier Tribunal (Property Chamber) Rent Adjustment Case: Property Condition and Financial Hardship Considered
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Works on Residential Estate
- First-tier Tribunal (Property Chamber) Management Company Granted Permission to Skip Consultation for Urgent Repai…
- First-tier Tribunal (Property Chamber) RTM Company Granted Dispensation for Urgent Electrical 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 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 determination that reflects the property's condition and market value.
- 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 tribunal.
- An applicant may obtain dispensation from consultation requirements under s.20ZA of the Landlord and Tenant Act 1985 if the works are urgent and there is no substantial opposition.
❌ Tends to be rejected
- A tenant cannot apply for rent determination under section 14 of the Housing Act 1988 if the landlord's notice under section 13 is defective.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision determined that the Tribunal lacked jurisdiction to determine the rent due to a defect in the landlord's notice.
Who was involved?
The case involved a tenant and a landlord.
How did the court decide, and why?
The court decided that it did not have jurisdiction to determine the rent because the landlord's notice was defective, failing to specify a date at the beginning of a new period of the tenancy.
Which laws or rules were applied?
The Housing Act 1988 sections 13 and 14, and the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 rule 9(2) were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord's notice was defective, as it did not specify a date at the beginning of a new period of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that their landlord's notice complies with the requirements of the Housing Act 1988 to avoid having their application struck out.
What evidence or documents mattered?
The evidence that mattered was the defective notice served by the landlord under section 13 of the Housing Act 1988.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal (Lands Chamber) on a point of law only.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for a case like this.