Introduction
Introduction
This appeal is about what an assured shorthold tenant must do to challenge an increase in rent proposed by her landlord under section 13, Housing Act 1988 (the 1988 Act).
On 21 March 2024 the First-tier Tribunal, Property Chamber (the FTT) struck out a reference under section 13(4)(a), 1988 Act submitted to it by the appellant, Ms Atesheva, by which she had challenged the new rent proposed by her landlord, Halifax Management Ltd (Halifax), for the flat she occupies at 34C Vicarage Grove, London SE5. The FTT considered that it did not have jurisdiction to determine the application because it had not been made before the date on which the proposed increase was due to take effect.
Ms Atesheva now appeals that decision, with the permission of this Tribunal.
The appeal has been conducted under the Tribunal’s written representations procedure. Submissions have been made on behalf of Ms Atesheva in writing by Mr Rupert Cohen, acting through Advocate, the national charity which finds free legal help from barristers. I am grateful to Mr Cohen for his submissions. Halifax has not responded to the appeal.
- Heading
- Introduction
- The relevant legislation
- The Facts
- The FTT’s decision
- The appeal
- Can the FTT rule on the validity of a section 13(4) application?
- Was the e-mail of 31 December 2023 substantially to the same effect as prescribed Form No. 6?
- Did the FTT have jurisdiction despite the reference not being in the prescribed form?
- Conclusions
![[2024] UKUT 314 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)