FLAT 3 , 6 Queensland Road, Bournemouth, Dorset, BH5 2AB
Evidence considered
- No comparable rental evidence was considered as the case turned on the validity of the s.13 notice, not on market rent valuation.
Tenant submitted evidence: no. Landlord submitted evidence: no.
Tribunal's reasoning
The Tribunal found that the landlord's purported s.13 notice specified a new rent effective date (1 June 2026) that did not coincide with the beginning of a period of the tenancy (periods ran from the 15th of each month). Applying Mooney v Whiteland, this error rendered the notice invalid, regardless of the Mannai 'reasonable recipient' test, because a reasonable tenant could not be sure the landlord had simply made an obvious mistake. As there was no valid s.13 notice, the Tribunal held it had no jurisdiction and made no determination of market rent.
Read the original decision (PDF, GOV.UK)
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