44 Rowan Walk, Leigh on Sea, Essex, SS9 5PL CAM/00KF/MNR/2025/0700
DECISION
This has been a determination on the papers which has been consented to by the parties. The documents that I was provided with, were submitted by the parties, as referenced below, I have noted the contents and my decision is below. Background[1]On 16 June 2025 the applicant, the Tenant of 44 Rowan Walk, Leigh on Sea, Essex, SS9 5PL (the property), made an application (the application) to the Tribunal referring a notice of increase in rent (the notice) by the Landlord of the property under section 13 of the Housing Act 1988.[2]The notice is dated 15 May 2025 and proposed a new rent of £1900 per month, to take effect from 10 July 2025.[3]The tenant also enclosed a tenancy agreement for the property. This is an assured shorthold tenancy agreement, which began as a fixed term for 12 months on 9 July 2022 with the rent being paid on the first of every month. A statutory tenancy on the terms of the written agreement appears to have arisen from 9 July 2023. Section 11 of the Landlord and Tenant Act 1985 applies in respect of Landlord’s repairing obligations.[4]The Tribunal acknowledged receipt of the application and wrote to both parties on 16 June 2025 to indicate that the Tribunal’s preliminary opinion was that it may not have jurisdiction to consider the matter because the increase did not appear to take effect at the commencement of a new period of the tenancy. The Tribunal invited both parties to make any representations in response within 14 days.[5]On 30 June 2025, the Tribunal received an email from the Tenant asking for the Tribunal’s guidance. They asked whether they were obliged to pay the new proposed rent whilst the Tribunal considers the dispute and asked for the Tribunal’s assistance in challenging the increase in rent and in determining a fair rental rate for their renewed tenancy.[6]The Tribunal did not receive any representations from the Landlord. The Law[7]The Tribunal has to determine that it has jurisdiction to hear the Application by reference to the validity of the Notice, in order to determine a rent under S14 of the Act. In short the Tribunal must determine that the landlord’s notice under Section 13 (2) satisfied the requirements of that section and that the Tribunal has jurisdiction to make a determination[8]The Act provides in section 13(2) as amended by the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 that the date in paragraph 4 of the Landlord’s notice (the date the new rent becomes payable) must comply with three requirements[9]The first requirement is that a minimum period of notice must be given before the proposed new rent can take effect.[10]The second requirement is that the starting date must not be less than 52 weeks after the date on which the rent was last increased using this procedure although there are exceptions to this.[11]The third requirement is that the proposed new rent must start at the beginning of a period of the tenancy[12]Only if a landlord’s notice complies with each of the requirements referred to above does a Tribunal have jurisdiction to determine a rent under section 14 of the Act. Issues[13]The tribunal explained to both parties that it would only deal with the question of jurisdiction at this stage. It would issue further directions in respect of the the market rent should it be satisfied that it had jurisdiction to determine that rent. The Tribunal’s Decision[14]The tenancy agreement provided states that ‘the tenancy shall be for a period of 12 months to start on and include 9th July 2022 and to end on 8th July 2023, and thereafter from rental period to rental period’. The rent was due in advance on 9th July 2022 and thereafter paid in accordance to the payment schedule, which showed the rent being due on 1st of every month. If the tenancy continued the rent was due in advance from 9th July 2023.[15]The Landlord’s notice states the date for the new rent shall be 10 July 2025. However, the beginning of a period of the tenancy is the 9th of the month. The Notice does not therefore appear to comply with the third mandatory requirement of the Act as set out in paragraph 11 above.[16]In the absence of a valid notice of increase the tribunal determines it has no jurisdiction to consider the case. The existing rent will continue to be payable until such time as a valid notice of increase is served. Mary Hardman FRICS 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), on a point of law only, 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).