28 Lesley Court, Southcote Road, Reading, Berkshire, RG30 2AT
Evidence considered
- No comparable evidence considered as the Tribunal declined to proceed to a substantive determination
- Tribunal relied on Court of Appeal guidance in Mooney v Whiteland [2023] EWCA Civ 67 regarding declining jurisdiction pending County Court ruling
Tenant submitted evidence: no. Landlord submitted evidence: no.
Tribunal's reasoning
The Tribunal declined to determine a market rent because it had doubts about its jurisdiction. The tenancy agreement required two months' notice from the landlord to end the tenancy, and no evidence showed the earlier 2012 fixed-term tenancy had ended before the section 13 notice was served, meaning the tenancy may not have become a periodic assured shorthold tenancy to which section 13 applies. Following Mooney v Whiteland, the Tribunal declined to proceed until the County Court determines the validity of the section 13 notice, so no rent was determined.
Read the original decision (PDF, GOV.UK)
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