744 Holloway Road, London N19 3JF LON/00AU/MNR/2019/0153

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No LON/00AU/MNR/2019/0153

Between

Vasilia ConstantinouApplicant

Mr. T LambirenosRespondent

Before

Judge Tagliavini

Mr. D Jagger MRICS

N/A for the Applicant

Willis Estates Ltd. for the Respondent

Date 17 January 2020

Property: 3JF

DECISION

Decisions of the tribunal I. The notice of proposed increase in rent is not valid and does not take effect as it is fails to give the required one month notice period of increase.

[1]In application dated 30 October 2019 the applicant tenant referred a notice proposing a new rent under an Assured Periodic Tenancy for a determination by the tribunal.

[2]As a preliminary matter the tribunal considered the validity of the landlord’s notice proposing a new rent under the provisions of the Housing Act 1988. This notice was dated 16/09/19 and proposed an increase in rent from £335 per week to £400 per week with the starting date of this new rent to be the 8 October 2019.

[3]Both parties agreed to the tribunal determining the matter on the papers and neither provided the tribunal with any written representations. In the absence of a copy of any written tenancy agreement and in light of service of the proposed notice of increase, the tribunal determines that the statutory notice period in respect of rent increases takes effect. The tribunal finds that this notice fails to give the required one month period required; and is invalid; section 13 Housing Act 1988.

[5]Therefore, the tribunal finds that by reason of the invalidity of the proposed notice, the proposed increase in rent cannot not take effect. Consequently, the tribunal does not have any jurisdiction over this matter. Signed: Judge Tagliavini Dated: 17 January 2020