302 Vista, 2 Weaver Walk, Wembley, HA9 0GY
Evidence considered
- No comparable evidence was considered as the Tribunal lacked jurisdiction to determine a market rent.
- Legal authorities considered: Contour Homes Ltd v Rowen [2007], Chouan v The Earls High School [2016], Salvation Army Housing Association v Kelleway [2024], and Moat Homes Ltd v Carlo [2024].
Tenant submitted evidence: no. Landlord submitted evidence: no.
Tribunal's reasoning
The Tribunal found it had no jurisdiction to determine a market rent under section 14 of the Housing Act 1988. The tenancy agreement contained a contractual rent review clause allowing the landlord to increase or decrease rent annually on a fixed review date by serving notice, which falls within the exception in section 13(1)(b) as interpreted in Contour Homes Ltd v Rowen and Moat Homes Ltd v Carlo. As the tenancy was excluded from the statutory rent referral scheme, the Tribunal made no determination of rent, with the consequence that the landlord's proposed rent of £368.98 per week took effect automatically from the date specified in the notice.
Read the original decision (PDF, GOV.UK)
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