41 Benson Road, Oxford, OX3 7ES CAM/38UC/MNR/2025/0800
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. Mary Hardman FRICS (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).