Increasing Rent

Where a statutory periodic assured tenancy (including assured shrothold tenancy) makes no provision for increases in rent and the parties cannot agree one, the landlord may serve on the tenant a notice in the prescribed form specifying a new rent to take effect at the beginning of a specified new period of the tenancy (s.13(1)-(2), Housing Act 1988). That rent will take effect unless either the parties agree an alternative figure or the tenant refers the notice to the First Tier Tribunal (Property Chamber).

In Alexander v Middleton [2024] UKUT 182 (LC) the landlord sought to increase the rent and the tenant referred the notice to the FTT. The parties were agreed that there were items of disrepair at the property but disagreed about whether or not the tenant had refused access so that the landlord had been unable to remedy them. The FTT determined a rent at a level which was only explicable on the basis that the tenant had refused access, but did not make a finding of fact that access had been refused and gave no reasons for reaching such a conclusion.

On appeal, the Upper Tribunal allowed an appeal and remitted the case for re-determination: the FTT decision contained no analysis of the evidence or competing arguments around access and no reasoned findings of fact.

Oliver Kew  01189 599612

Published on 10/09/2024