Elizabeth Alexander & Anor v Mark Middleton
[2024] UKUT 182 (LC)
John HW Anderson v Igors Kokins & Anor
5 April 2024
[2024] UKUT 91 (LC)
Upper Tribunal
A landlord appealed a lower court's decision reducing his rent increase request. The lower court made deductions without proper explanation or a hearing. The higher court sided with the landlord, setting a new, slightly lower rent, and refused the tenants' request to delay the increase.
Key Facts
- •Landlord (Anderson) appealed an FTT decision on a rent determination for an assured shorthold tenancy.
- •FTT decided on the papers, reducing the proposed rent due to disputed property condition.
- •FTT's deductions lacked explanation of quantum.
- •Tenants (Kokins & Kokina) alleged disrepair and made improvements (carpet, washing machine).
- •Landlord disputed the disrepair claims and provided evidence.
- •The Upper Tribunal (UT) granted permission to appeal based on procedural irregularity and insufficient reasons.
Legal Principles
Rent determination under sections 13 and 14 of the Housing Act 1988 for assured periodic tenancies.
Housing Act 1988
Landlord's repairing obligations under section 11 of the Landlord and Tenant Act 1985.
Landlord and Tenant Act 1985
A tenant's reference to the FTT of a landlord's notice of increase is not an appeal; the tenant need not justify the proposed increase.
Peabody Trust v Welstead [2024] UKUT 41 (LC)
FTT must determine rent based on material and submissions from both parties.
Case Law
The FTT cannot rely on disputed facts without clarifying them through further written submissions or an oral hearing.
Onyiliagha v You Move Lets Ltd [2023] UKUT 199 (LC)
Outcomes
Appeal allowed.
FTT's decision was procedurally irregular and lacked sufficient reasoning. The FTT made deductions based on disputed facts without a hearing, providing no justification for the quantum of those deductions. The UT found the FTT's deductions excessive.
FTT's decision set aside.
The UT substituted its own determination, setting the rent at £1,550 per month, effective from 9 April 2023.
Request for postponement refused.
The tenants' claim of undue hardship was insufficiently supported by evidence.