Flat 33, Portland Court, Moorland Road, Didsbury, Manchester M20 6BE MAN/00BN/MNR/2020/0022
DECISION
The Tribunal determines that the notice dated 18 February 2020 is not valid, and that it has no jurisdiction to make a determination under section 14 of the Housing Act 1988. Evidence The Tribunal noted the following oral submissions of the parties made at a remote video hearing on Friday 2 July 2021 at 14:30:[1]Ms Campion, on behalf of the Respondent, explained that the notice dated 18 February 2020 incorrectly stated the rent payable for the Property with effect from 6 April 2020. Specifically, the Notice stated that the proposed new rent to take effect from 6 April 2020 was £92.03 per week where it should have been £88.66 per week;[2]Ms Reid referred to having been overcharged for rent which had been corrected by a refund in February 2021;[3]Ms Campion informed the Tribunal that a spreadsheet had been sent to the Tribunal which explained the errors in charging/the refund which had been paid to Ms Reid.REASONS
[4]The Tribunal was satisfied that if the Notice had been correctly completed by the Respondent, it would not satisfy the requirements of section 13(2) of the Housing Act 1988 as it was not intended to secure an increase in the rent payable for the Property for the year 2020/21.[5]It is not clear to the Tribunal why the Respondent did not bring the error in the Notice to Ms Reid’s attention as soon as they were aware of the same, or to the Tribunal’s attention. The spreadsheet referred to by Ms Campion has not been received by the Tribunal, nor is the Tribunal satisfied that, even if it had been received, the impact of the error in the Notice was being drawn to its attention by the Respondent.[6]The Tribunal considers that, since the Notice was based on a fundamental error and that the new proposed rent for the relevant period was a reduction in the rent payable, it has no jurisdiction within section 14 of the Housing Act 1988 to make a determination. Judge C Wood 2 July 2021