30 Linkside, Finchley, London N12 7LF LON/00AC/MNR/2019/0067
DECISION
Decision of the tribunal Contrary to s. 13(2) of the Housing Act 1988, insufficient notice has been provided to the applicant in the Notice of Increase of rent which was served upon her on 3rd May 2019. The Notice is therefore invalid and the respondent cannot secure an increase in the rent under the tenancy for the Property. The application[1]On 13th May 2019 the Tribunal received an application under section 13 of the Housing Act 1988.[2]A Notice of Increase of rent dated 3rd May 2019 had been served on the Applicant, seeking to increase the rent for 30 Linkside, Finchley, London N12 7LF (“The Property”) from £1575.00 per month to £1750.00 per month. The starting date for the new rent was stated to be 19th January 2019.[3]By a letter from the London Residential First-tier Tribunal dated 22nd May 2019, the deficiency in the Notice of Increase of rent was pointed out to the parties and asking for written representations so that the matter could be dealt with on the papers.[4]The respondent contacted the Tribunal requesting an oral hearing. Background[5]According to the applicant, her tenancy at the Property commenced on 17th July 1995. The respondent claims the tenancy commenced in 1996. At a date unknown to the Tribunal, the property was sold to Michael Collins who is the current landlord. His agents are Callaway & Co Estate Agents.[6]The tenancy appears to be a statutory periodic assured tenancy.[7]The respondent seeks to increase the rent from 19th January 2019 by virtue of the notice dated 3rd of May 2019. Hearing[8]Mr Cronin for the respondent was present at the hearing. The applicant did not attend.[9]Mr Cronin told the Tribunal that the current landlord is Michael Collins.[10]Mr Cronin could not provide the Tribunal with a full copy of the Notice of Increase of rent because he had not kept a full copy.[11]He confirmed that the notice of increase of rent was dated 3rd May 2019 and that notice sought an increase of rent back-dated to 19th January 2019.[12]He explained to the Tribunal that the reason he had asked for an oral hearing was so that he could attempt to negotiate with the Tribunal for a date for the rent increase to commence. The Law[13]S. 13 of the Housing Act 1988 sets out the requirements when seeking to increase rent under assured periodic tenancies.[14]S. 14 of the Housing Act 1988 sets out the powers of the Tribunal to determine the rent once a s.13 notice has been served. Reasons for the decision:[15]Contrary to s. 13(2) of the Housing Act 1988, insufficient notice has been provided to the applicant in the Notice of Increase of rent served upon her on 3rd May 2019. The Notice is therefore invalid and the respondent cannot secure an increase in the rent under the tenancy for the Property. D. Brandler Name: Tribunal Judge Brandler Date: 2nd July 2019