67 Brantwood Avenue, Knuzden, Blackburn BB1 3LY:MAN/30UG/MNR/2026/0182 MAN/30UG/MNR/2026/0182
REASONS
[1]On 02 March 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £950.00 per calendar month(pcm) in place of the existing rent of £650.00 pcm to take effect from 01 May 2026.[2]On 01 April 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 01 December 2023 for a term of three years. The rental period is monthly. Determination[4]The assured tenancy is still within the initial fixed, three year term. Section 13 (1) of the act requires that the tenancy is periodic, otherwise Section 13 does not apply. This tenancy is not yet periodic, being still in its fixed term. 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[5]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.