13 Cawdor House, Gateway Court, Matlock, Derbyshire, DE43TJ
Evidence considered
- No comparable evidence was considered; the case turned solely on the validity of the Section 13 notice.
- Landlord relied on tenancy agreement terms (Section C, Paragraph 2) governing rent increases and evidence of a refund of £860.72 to the Tenant correcting a prior miscalculated increase.
Tenant submitted evidence: no. Landlord submitted evidence: no.
Tribunal's reasoning
The application was struck out for lack of jurisdiction rather than decided on the merits. The Landlord argued the Section 13 rent increase notice had been served in error, as the rent had previously been incorrectly increased using a social rent formula instead of the contractual mechanism; the overcharged amount was refunded to the Tenant, restoring the rent to its original contractual level, meaning no valid increase had occurred and any future increase had to follow the contractual procedure, not Section 13. The Tenant did not engage with this argument or dispute the refund. The Tribunal agreed the Notice was invalid, so it was not satisfied its jurisdiction was engaged, and struck out the application under Rule 9(2)(a) without determining a market rent.
Read the original decision (PDF, GOV.UK)
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