41 Richmond House, Park Village East London NW1 3SX LON/00AG/MNR/2026/0310
REASONS
[1]The First Tier Tribunal Property Chamber, received an application Form 6 dated 30 April 2026 followed by a Form MR1 dated 14 May 2026, from the tenant. The application was for determination of a new rent of the Property under S.14 by the Tribunal. The tenant had received a Form 4 of 23 February 2026 which confirmed a start date for the new rent of 5 April 2026. This was despite a landlord’s covering letter with that formal notice, referring to a start date of 1 May 2026.[2]In order for the Tribunal to have jurisdiction to be able to determine a new market rent under S.14 of the Housing Act 1988, from the effective date in the landlord’s notice, the tenant must: 1. Refer the rent increase to the Tribunal before the start of the new rent period of 5 April 2026: They did not: It was done by Form 6 on 30 April 2026 at the earliest and in particular on Form MR1 by 14 May 2026. Either way both applications were outside of the time limit for referral. The tenant must also: 2. Provide a copy of the landlord’s Notice of rent increase: They did: And 3. Provide a full copy of their tenancy: They did. Law[3]S.13 Increases of rent under assured periodic tenancies.(1) This section applies to— (a) a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and (b) any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period.(2) For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than— (a) the minimum period after the date of the service of the notice; and (b) except in the case of a statutory periodic tenancy— (i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began; (ii) in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and (c) if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 below— (i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect; (ii) in any other case, the appropriate date(3) The minimum period referred to in subsection (2) above is— (a) in the case of a yearly tenancy, six months; (b) in the case of a tenancy where the period is less than a month, one month; and (c) in any other case, a period equal to the period of the tenancy. (3A) The appropriate date referred to in subsection (2)(c)(ii) above is— (a) in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect; (b) in any other case, the date that falls 52 weeks after the date on which the increased rent took effect. (3B) This subsection applies where— (a) the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003; and (b) the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.(4) Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice,— (a) the tenant by an application in the prescribed form refers the notice to the appropriate tribunal; or (b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.(5) Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent). Decision[4]The Tribunal found that the tenant application to the Tribunal was made after the effective start date in the landlord’s notice of rent increase. It was made out of time. The Tribunal therefore has no jurisdiction to determine that new rent [Housing Act 1988 section 13(2), as amended by the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003]. The new rent due is therefore that set out in the landlords notice of rent increase dated 23 February 2026 £1187.62 pcm effective from the start date in that notice 5 April 2026. Name: N. Martindale FRICS Date: 9 July 2026 Rights of appeal 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), 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 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).