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Evidence considered
- No comparable rental evidence was considered; the decision turned solely on jurisdiction.
- Landlord relied on an HMO property licence naming a different licence holder/managing agent linked to the tenant, to argue the arrangement was commercial rather than residential.
- Tenant argued that residence location and subletting business arrangements were irrelevant to rent determination, but this did not affect the jurisdiction finding.
Tenant submitted evidence: no. Landlord submitted evidence: yes.
Tribunal's reasoning
The Tribunal found that the original tenant no longer occupied the property as his main or principal home, having obtained an HMO licence and sublet the whole property to others, meaning the agreement no longer satisfied section 1 of the Housing Act 1988 and was not an assured (shorthold) periodic tenancy. As a result, the Tribunal had no jurisdiction under sections 13/14 of the 1988 Act to determine a market rent, and the application was struck out under Rule 9(2)(a) without any rent being determined.
Read the original decision (PDF, GOV.UK)
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