17 Wilson Road Prescot Liverpool L35 5EX: MAN/00BX/MNR/2026/0059 MAN/00BX/MNR/2026/0059
REASONS
[1]On 19 December 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £800.00 per calendar month(pcm) in place of the existing rent of £500.00 pcm to take effect from 15 February 2026.[2]On 27 January 2026, under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent.[3]The assured tenancy commenced on 15 May 2015 for a term of six months. The rental period is monthly.[4]The tenancy had an initial term of six months and it explicitly says the tenancy is to become periodic following the end of the fixed term (para 1.6.1).[5]The tenancy contains a rent review clause to increase the rent by the Index of Retail Prices (All Items) on an annual basis. Determination[6]The tenancy does contain a provision for the rent to be increased that is binding on the Tenant. Section 13 (1)(b) specifically excludes tenancies of this nature from the provisions of the act. Therefore, the Tribunal has no jurisdiction to determine the rent for the Property. The rent should be determined in accordance with the terms of the tenancy agreement. Decision[12]Therefore, the Tribunal declines to determine the market rent for the Property. 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 (regulation 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.