Flat B, 198 Gloucester Terrace, London W2 6HT LON/00BK/MNR/2026/0472
REASONS
[1]The First Tier Tribunal Property Chamber, received an application dated 1 June 2026 on the online Form MR1, from the tenant. The application was for determination of a new rent of the Property under S.14 by the Tribunal. Validity[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 Form 4, the tenant must: 1. Refer the rent increase to the Tribunal before the start of the new rent period of 1 June 2026: They did not. It was done on 1 June 2026. The tenant must also: 2. Provide a copy of the landlord’s Notice of rent increase: They did not, they only provided part of a covering letter from the landlord dated 30 April 2026 referring to the rent increase: And 3. Provide a full copy of their tenancy: They did.[3]However 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 Form 4, the landlord’s notice must be valid. The tenant in their application questioned the validity of the “notice” from the landlord. The Tribunal was not provided with a copy of the actual Form 4 served, if it was, by either the tenant or by the landlord.[4]The tenant included a copy of the letter dated 30 April 2026 from the landlord which appeared to be page 1 of at least 2 pages. Page 1 does not refer to any “attached Form 4” or equivalent. It suggests to the Tribunal that there was no Form 4; which in the experience of the Tribunal in determining market rents, has on occasion been found to be practice among some Social Landlords, preferring instead to rely on a simple letter notifying tenants of a rent increase: This is not enough.[5]The tenant stated that they had received the letter dated 30 April 2026, on 2 May 2026. Deemed service would otherwise have been 4 May 2026. If a valid Form 4 had been served with that letter the notice period would need to have been at least one calendar month. The period was short.[6]The Tribunal noted that the effective date for the new rent would be 1 June 2026, this despite the tenancy and thus the rent period, actually being the 17th of each calendar month. Landlord’s Representations on Validity in Form MR2[7]The landlord made brief representations on this application and in particular that their notification of rent increase had been referred to the Tribunal, after the new rent had already started. Tenants’ Representations on Validity in Form MR3[8]The tenant confirmed their earlier position: The rent notification period was short. Law 13A Increases of rent under relevant low-cost tenancies(1) This section applies to a relevant low-cost tenancy within the meaning given by section 13(4C).(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) one month after the date of the service of the notice, and (b) in the case of an assured agricultural occupancy, the first anniversary of 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, either— (i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect, or (ii) in any other case, the appropriate date.(3) The appropriate date is— (a) in a case to which subsection (4) 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.(4) 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 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.(5) Where a notice is served under subsection (2), a new rent specified in the notice takes effect as mentioned in the notice unless, before the beginning of the new period specified in the notice— (a) the tenant applies to the tribunal under section 14(A3), 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.(6) Nothing in this section (or in section 14) affects the right of the landlord and the tenant under a relevant low-cost tenancy within the meaning given by section 13(4C) to vary by agreement any term of the tenancy (including a term relating to rent). Decision[9]The Tribunal found that the tenant’s objection and referral to the Tribunal was late and out of time. However, more fundamentally, a valid notice of rent increase on Form 4 had not been issued: 1. It had not been served at all: Neither party was able to provide a copy. 2. Even if it had, the notice period was too short by 2 days. 3. Even if had not been served and had not been short notice, the start date of 1 June 2026 was not in line with the next rental period under the periodic tenancy, which was the 17th of each month.[10]There being no valid notice of rent increase for any of the 3 reasons above, there is nothing for the Tribunal to determine. The rent remains unchanged at its passing level, stated by the tenant to be £1200 pcm. Name: N. Martindale FRICS Date: 29 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).