22 Cromwell Street, Lincoln LN2 5LP
Condition: A four-bedroom terraced house with double glazing, gas central heating, downstairs toilet, bathroom, living room, dining room, kitchen, and a small paved rear garden plus front garden.
Evidence considered
- No comparable evidence considered; the application was dismissed for lack of jurisdiction before any market rent assessment took place.
Tenant submitted evidence: no. Landlord submitted evidence: no.
Tribunal's reasoning
The tenancy agreement contained a binding contractual rent review clause (allowing annual increases of the greater of £25 pcm or 5%), which meant the tenancy fell outside section 13(1)(b) of the Housing Act 1988. As a result, the landlord's section 13(2) notice proposing a new rent was invalid and the Tribunal held it had no jurisdiction to determine a market rent, leaving the existing rent unchanged.
Read the original decision (PDF, GOV.UK)
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