Automated Summary
Key Facts
The tribunal received an application under sections 13 & 14 of the Housing Act 1988 challenging a proposed rent increase for 147D Ledbury Road, London, W11 1HR. The applicant, Chuck Ononiwu, contested the inclusion of a Specialist Housing Maintenance charge in the new rent of £125.50 per week. The respondent, Notting Hill Genesis, agreed to withdraw the charge after the tribunal requested clarification. As the disputed charge was removed, the tribunal closed the case without determining a market rent. The hearing occurred remotely on 7 October 2021, with a decision issued on 25 October 2021.
Issues
The tribunal addressed the validity of a Specialist Housing Maintenance charge included in a rent increase notice under section 13 & 14 of the Housing Act 1988. The applicant contested the charge's inclusion, arguing it was not applicable as the property did not have special equipment for elderly/disabled residents. The tribunal required the landlord to justify the charge, which was later withdrawn following confirmation, leading to the case being closed without determining market rent.
Holdings
The tribunal is not required to make a determination of the level of market rent and the case is closed.
Remedies
The tribunal closed the case without determining the market rent for the property at 147D Ledbury Road, London, W11 1HR. The applicant, Chuck Ononiwu, challenged the inclusion of a Specialist Housing Maintenance charge in the rent increase notice. The landlord, Notting Hill Genesis, withdrew the charge following the tribunal's inquiry, leading to the case being closed without a formal market rent determination under sections 13 and 14 of the Housing Act 1988.
Legal Principles
The tribunal applied sections 13 and 14 of the Housing Act 1988, which govern rent increases for assured tenancies and require determination of a market rent based on open market conditions while disregarding certain tenant improvements.
Cited Statute
Housing Act 1988
Judge Name
A Harris
Passage Text
- 9. Written confirmation has been received the charge has been withdrawn from 5 April 2021 and indefinitely going forward.
- (1) The tribunal is not required to make a determination of the level of market rent and the case is closed.