mydogisthebest Best stick to what you know. If you know the law fine, but you don't, so best you don't add anymore as you may mislead the OP which would not be helpful. You can find all the info to update your knowledge on the links I have posted.
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T540 Guidance on Rent Cases General information about the process (01.17) © Crown copyright 2017
T540
First-tier Tribunal Property Chamber (Residential Property)
Guidance on Rent Cases
General information about the process
This guidance is intended to help parties understand what happens when taking part in
an application to the First-tier Tribunal Property Chamber (Residential Property), formerly
the Rent Assessment Committee. For advice on how to present your case, or if you need
to understand more about the law, you may wish to consult a Citizen’s Advice Bureau or a
solicitor.
We try to avoid using jargon but if there is anything about our procedures you do not
understand please contact the regional tribunal office. Regional office details are at the end
of this guidance.
Please note that tribunal decisions will be published on
www.residential-property.judiciary.gov.uk/search/decision_search.jsp unless a party makes
a written request that this should not be done.
Types of rent cases
There are two types of rents cases, depending on the tenancy involved.
- Fair rent cases
When a rent officer fixes a fair rent for a property under the Rent Act 1977, either landlord
or tenant can lodge an objection to the rent with the rent officer who then refers the
matter to this tribunal.
- Market rent cases
Market rent cases are referred to this tribunal in one of four ways.
(a) Where the landlord under an assured, or assured shorthold, periodic tenancy
has served a notice on the tenant, under section 13 of the Housing Act 1988,
proposing a rent increase to take effect at the beginning of a new period of thetenancy specified in the notice. At any time before the proposed date of increase,
the tenant may refer that notice to this tribunal for an assessment by the tribunal
of the rent to be payable. The tribunal must receive that application before the
date specified in the landlord’s notice of increase.
(b) Where a tenant, under an assured shorthold tenancy, is dissatisfied with the
rent payable under the tenancy, an application can be made to this tribunal under
section 22 of the Housing Act 1988, provided it is received within the first six
months of the initial tenancy. If the tribunal considers the rent to be significantly
higher than could reasonably be expected, the tribunal will determine a market
rent for that tenancy.
(c) Where a fixed term assured, or assured shorthold, tenancy has come to an
end and the landlord or tenant has, by notice under section 6 of the Housing
Act 1988, proposed new terms for the statutory periodic tenancy which has
automatically started. The recipient can refer the notice to this tribunal for it to
determine the new terms, including rent.