The FTT’s decision
The FTT’s decision
By its decision issued on 21 March 2024 the FTT declined to proceed with the application because it considered that it had no jurisdiction to do so. That was because the prescribed form had not been received until after 1 February 2024, the date from which the proposed new rent would become payable. The FTT said that the correspondence received from Ms Atesheva on 31 December and 22 January did not constitute applications in the prescribed form. Finally, it said that a copy of the landlord’s notice proposing the increase in rent had not been received until 8 February, which once again was after the date of the proposed increase.
Having reached the conclusion that it had no jurisdiction to consider the application, the FTT made an order striking it out under rule 9(2) of the Tribunal Procedure (First-Tier Tribunal) (Property Chamber) Rules 2013.
- 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
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