Flat 2, 15 Sea View Terrace, Margate, Kent CT9 5BJ CHI/29UN/MDR/2019/0005

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/29UN/MDR/2019/0005
Between
Mr L & Mrs M McGowan - TenantsApplicantMs P A Birch - LandlordRespondentMr & Mrs Leroy & Michaela McGowanTenantMs Patricia Anne BirchLandlord
Before
R T Athow FRICS MIRPM – ChairmanP A Gammon MBE BA (Lay Member)Mr L McGowan for the ApplicantDate 7 February 2019Property: Flat 2, 15 Sea View Terrace, Margate, Kent, CT9 5BJ
[1]The tenants of the above property made an application to the Tribunal under section 22(1) of the Housing Act 1988. The application was undated, but it was received by the Tribunal on 19th December 2019.[2]The tenancy commenced on 1st November 2019 and runs to 30th April 2020 and thereafter from rental period to rental period. The rent for the duration of the fixed term is £4,050.[3]The Tribunal were provided with a copy of the tenancy agreement with the application. Inspection and Hearing[4]The Tribunal inspected the property on 7th February 2020, and this was followed by a Hearing.[5]At the Hearing Mr McGowan stated he did not challenge the rent , but had made the application in an attempt to obtain a Fire Risk Assessment from the landlord.[6]Consequently, as there is no challenge to the rent, the Tribunal has no jurisdiction and did not make a determination. R T Athow FRICS MIRPM Chairman Dated 7th February 2020 Appeals[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber), which may be on a point of law only, must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. --- decision_2.pdf --- 1 Case Reference : CHI/29UN/MDR/2019/0005 Property : Flat 2, 15 Sea View Terrace, Margate, Kent CT9 5BJ Applicant : Mr L & Mrs M McGowan - Tenants Representative : Mr L McGowan Respondent : Ms P A Birch - Landlord Representative : Ms T Dickinson, Oakwood Homes, Managing Agent Type of Application : Housing Act 1988 – Section 22(1) Application for determination of a rent under an Assured Shorthold Tenancy Tribunal Members : R T Athow FRICS MIRPM – Chairman P A Gammon MBE BA (Lay Member) Date of Inspection : 7th February 2020 Date of Decision : 7th February 2020 © CROWN COPYRIGHT 2020 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 Background[1]The tenants of the above property made an application to the Tribunal under section 22(1) of the Housing Act 1988. The application was undated, but it was received by the Tribunal on 19th December 2019.[2]The tenancy commenced on 1st November 2019 and runs to 30th April 2020 and thereafter from rental period to rental period. The rent for the duration of the fixed term is £4,050.[3]The Tribunal were provided with a copy of the tenancy agreement with the application. Inspection and Hearing[4]The Tribunal inspected the property on 7th February 2020, and this was followed by a Hearing.[5]At the Hearing Mr McGowan stated he did not challenge the rent , but had made the application in an attempt to obtain a Fire Risk Assessment from the landlord.[6]Consequently, as there is no challenge to the rent, the Tribunal has no jurisdiction and did not make a determination. R T Athow FRICS MIRPM Chairman Dated 7th February 2020 Appeals[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber), which may be on a point of law only, must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.