4 The Bay, 39 Crowstone Avenue, Westcliff-on-Sea, Essex, SS0 8FQ: CAM/22UM/MNR/2026/0056 CAM/22UM/MNR/2026/0056
REASONS
[1]On 03 November 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,700 per calendar month (pcm) in place of the existing rent of £2,600 pcm to take effect from 28 December 2025.[2]The Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent under Section 13(4)(a) of the Housing Act 1988. The application form is dated 09 January 2026 and was received by the Tribunal on 09 April 2026.[3]The assured tenancy commenced on 28 November 2022 for a term of 12 months. The rental period is monthly. Jurisdiction[4]The Landlord’s notice specified 28 December 2025 as the date on which the proposed rent increase was to take effect. The Tenant’s application was received by the Tribunal on 9 April 2026. It was therefore served after the date of the propose rent increase taking effect. Applying R (Lester) v London Rent Assessment Committee [2003] 1 WLR 1449, the application was not made in time and did not confer jurisdiction on the Tribunal to determine the rent. The application must therefore be dismissed for want of jurisdiction. Decision[12]Application is dismissed. Name: Judge Wendy Banks Date: 26 June 2026 APPEAL PROVISIONS 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 3 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).