10 May Street, Nelson, BB9 8HW MAN/30UJ/MNR/2021/0029
DECISION
The proposed rent increase in invalid. The rent remains at £75 until such time as the tenancy ended. Reasons:[1]The tribunal received an application under section 13 of the Housing Act 1988 (“the Act”). It was accompanied by a Notice dated 12 March 2021 proposing a rent increase from £75 to £85 per week from 19 April 2021. Since 15 April 2013, the applicant has had an assured tenancy of 10 May Street, Nelson, BB9 8HW (“the Property”). The 2 bedroom terraced property is unfurnished.[2]On 22 January 2022 the parties were invited to send written representations to the tribunal. Neither party replied. The tribunal made a paper determination on 9 March 2022. The tribunal found that the Property was empty and for rent.[3]A landlord may service a notice to increase rent in accordance with S13(2) Housing Act 1988 (the Act). The notice must be on the prescribed form. The Notice dated 12 March 2021 was not the current prescribed form as it referred to a rent assessment committee. The current prescribed form is obtained from the government website. As a consequence, the notice served is invalid and the rent cannot be increased.[4]In addition, in accordance with s14 (8) of the Act, as the tenancy has come to an end the tribunal is no longer required to continue with a determination of a market rent..[5]As a consequence, the rent remains £75 for the period of the tenancy. Name: Judge White Date: 9 March 2022 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).