Dr Jan Wilcox FRICSDate 29 July 2026Property: 107B Langham Road, Tottenham, London N15 3LRType of application: sections 13 & 14 of the Housing Act 1988 Judge D Brandler
DECISION
[1]The Tribunal does not have jurisdiction to determine this application for the reasons stated below.[2]It follows that the application must be struck out under Rule 9(2)(a) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, because the Tribunal does not have jurisdiction in relation to the proceedings or case or that part of them
REASONS
[1]On 25 April 2026, the Landlord served a notice under Section 13 (2) (as amended) of the Housing Act 1988 which proposed a new rent of £1,850 per calendar month (pcm) in place of the existing rent of £1,750 pcm to take effect from 9 June 2026.[2]On 18 May 2026, under Section 14 (A3) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of an open-market rent.[3]The tenancy commenced on 9 April 2024. The rental period is monthly. Validity Of Notice – Section 13B of the Housing Act 1988[4]In their application form, the Tenant has indicated that they consider the Landlord’s notice is invalid due to the following reasons:(i) The landlord increased the rent to £1,750 on 9 August 2025.(ii) The tenant provided the evidence of the payment of increased rent from 9 August 2025 in his bank statements(iii) The landlord has not complied with section 13(2) Housing Act 1988: The starting date for the proposed new rent must not be earlier than 52 weeks after the date on which rent was last increased using this statutory notice procure[5]In response, the Landlord acknowledged that they increased the rent on 9 August 2025, and that the Tenant has paid the rent of £1,750 from 9 August 2025 until 9 May 2025. The landlord therefore accepts that 52 weeks has not elapsed since he last increased the rent. By email dated 15 June 2026, the Landlord withdrew the Notice of Increase dated 25 April 2026, and confirmed that the rent remained at £1,750.[6]The Tribunal finds that the Landlord’s Notice is invalid for the following reason : the starting date for the proposed new rent is earlier than 52 weeks after the date on which rent was last increased, but in any event that notice has been withdrawn by the Landlord.[7]It is noted that the Tenant does not consent to the Landlord’s Notice of Increase being withdrawn. However, once the Notice of Increase has been withdrawn, the tribunal has no jurisdiction.[8]It follows that the application must be struck out under Rule 9(2)(a) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, because the Tribunal does not have jurisdiction in relation to the proceedings or case or that part of them. Judge D Brandler 29 July 2026 APPEAL PROVISIONS If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (rule 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.