Ubed Ur Rahman MohammedApplicantThe Frost PartnershipRespondent
Before
Judge ShepherdSarah Redmond MRICSDate 7 May 2024Property: 8UT Ubed Ur Rahman MohammedType of application: Housing Act 1988 Judge Shepherd
DECISION
[1]The Tribunal have decided that it does not have jurisdiction to deal with this appeal. This is because the rent increase notice is invalid. The rent increase notice is dated 22nd February 2024. The rent sought was £1800 per month.[2]The defect in the notice is at paragraph 3. This states “ The first rent increase after 12th April 2024 is 12th April 2024”. This doesn’t make sense. Note 11 clearly sets out the date to be entered here. Its effect is to assist the tenant in determining whether the landlord has inserted a lawful starting date for the proposed increase of rent. (Paragraph 4)[3]We were told by the representative of the landlord that the first rent increase after 11th February 2003 (the operative date) was 12th April 2023. This should have been the date inserted in paragraph 3. It wasn’t so inserted and therefore the rent increase is unlawful.[4]The Tribunal considers that the notice is not in the prescribed form or of substantially the same effect. For these reasons the Tribunal does not have jurisdiction under Housing Act 1988, ss.13 and 14. If the Applicant has paid any rent at the increased level this will have to be reimbursed. The current rent remains at £1325 per month. Judge Shepherd 7th May 2024 ANNEX - RIGHTS OF APPEAL Appealing against the tribunal’s decisions[1]A written application for permission must be made to the First-tier Tribunal at the Regional tribunal office which has been dealing with the case.[2]The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.[3]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.[4]The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers[5]Any application to stay the effect of the decision must be made at the same time as the application for permission to appeal.