62 Maryland Avenue, Swaffham Bulbeck, Cambridge, Cambridgeshire, CB25 0LT
Evidence considered
- No comparable evidence was considered as the case was decided purely on a jurisdictional point.
- Tenant raised concerns about rent level, quiet enjoyment and bills in written representations, but these were not considered as the Tribunal found it had no jurisdiction.
- No representations or evidence were submitted by the landlord.
Tenant submitted evidence: no. Landlord submitted evidence: no.
Tribunal's reasoning
The Tribunal did not determine a market rent because it found it lacked jurisdiction. The tenancy agreement contained a rent review clause (paragraph 5) allowing the landlord to increase or decrease rent after the first 12 months on one month's notice, which brought the tenancy within section 13(1)(b) of the Housing Act 1988 - tenancies with a binding contractual provision for rent increases are excluded from the section 13 notice procedure. As a result the application referring the section 13 notice of increase was struck out without any consideration of comparable evidence or valuation.
Read the original decision (PDF, GOV.UK)
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