Elizabeth Alexander & Anor v Mark Middleton
[2024] UKUT 182 (LC)
Bryan Rylands v Ian Hopkins & Anor
11 September 2024
[2024] UKUT 276 (LC)
Upper Tribunal
A landlord increased rent, but the tenant argued the unsafe electrics should lower the rent. The initial court didn't consider the electrics. A higher court sent the case back to be properly decided, emphasizing that all important details must be considered when setting rent.
Key Facts
- •Appeal against First-tier Tribunal (Property Chamber) decision on market rent for Flat D, Avenay Court, Folkestone.
- •Landlord served notice under Section 13 of the Housing Act 1988, proposing rent increase from £900 to £1050 per month.
- •Tenant appealed, arguing the FTT failed to consider dangerous electrical installations resulting from landlord's work.
- •FTT determined market rent at £1050 per month, without explicitly addressing the electrical issue.
- •Appellant provided evidence (OVO energy report) of dangerous electrical installations.
Legal Principles
Rent determination under sections 13 and 14 of the Housing Act 1988.
Housing Act 1988
FTT must consider all relevant evidence when determining market rent.
Implied from the Upper Tribunal's decision
Outcomes
Appeal allowed.
FTT failed to consider material evidence regarding dangerous electrical installations and did not explain why it was disregarded.
Matter remitted to FTT for a fresh determination of market rent.
FTT must make a finding of fact about the state of the electrical installations and consider its impact on market rent.