32 Southbourne Grove, Westcliffe-on-Sea Essex SS0 9UR CAM/00KF/MNR/2024/0021
REASONS
[1]The First Tier Tribunal Property Chamber, received an application form dated 25 January 2024 from the tenant. The application was for determination of a new rent of the Property under S.14 by the Tribunal.[2]The tenant enclosed a copy of their application form, of their tenancy dated 27 August 2016, with a term commencing 28 August 2016 and of the Form 4 Notice of Rent Increase dated 20 December 2023. It referred to the passing rent of £895 pcm and of the new rent to be £1050 pcm with effect from and including 24 January 2024.[3]The Notice period provided by the landlord is in excess of one calendar month but, the effective date referred to in it, is 24 January rather than the 28th day of the month, that is, 28 January 2024.[4]The tenant also enclosed with their application, a later letter from the landlord’s agent dated 15 January 2024. This stated “We write to advise you that your rent will be increased to £1,050.00, although your rent has been increased we feel that the increment is still under current market value. Your rent increase will take effect from the 28th of January 2024, please ensure that if you pay your rent by standing order that you notify your bank of the increase in monthly payment.”[5]Attached to the letter dated 15 January 2024, from the landlord’s agent, was a second FORM 4 notice of rent increase. It stated that the new rent would be £1050 pcm with effect from 28 January 2024. Hearing[6]The tenant requested a telephone hearing which was arranged for 10am on 25 March 2024. The tenant attended in person. The landlord did not attend, nor did a representative.[7]The Tribunal checked the notices received, their form and contents, and the contents of the standard Tribunal Reply forms filed by both parties, with the tenant. The Tribunal queried the service of two notices with the tenant however the Tribunal was unable to raise the same query with the landlord, who was not present nor represented at the hearing. The Tribunal could not find a notice compliant with the simple requirements of the Landlord and Tenant Act to change the rent.[8]The tenant went through their filed material and photographs of the interior of the ground floor flat with the Tribunal, indicating significant dampness rising and or penetrating to several walls. The tenant briefly described the poor health issues said to be arising from the condition and asked for the rent to remain unchanged. Decision[9]The Tribunal found that the first notice of rent increase contained a start date for the new rent of 26 January 2024. Although the notice period was of at least one calendar month, the date for the start of the new rent period was the 28th of each calendar month, following the continuation from month to month, on expiry of the initial contractual term.[10]The Tribunal found that the second notice of rent increase contained a start date for the new rent of 28 January 2024 but, at the date of service this period was well short of the one calendar month minimum notice from the date of service, required under the Act.[11]The requirements on landlords to serve a single valid notice of rent increase are not complicated, but neither FORM 4 complied. In the absence of same the Tribunal does not have jurisdiction to determine a new rent under either 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 £895 pcm. Name: N. Martindale FRICS Date: 28 March 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. 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).