R v London Rent Assessment Panel, ex parte Cadogan Estates Ltd
R v London Rent Assessment Panel, ex parte Cadogan Estates Ltd
- 1997
- Estates Gazette [1997] 34 EG 88-91(4) .
QBD 4 June 1997. A flat was let by the headlessee of a building under an assured tenancy. After the expiration of the term of the lease the tenants remained in possession of the flat under a statutory periodic tenancy under the Housing Act 1988. The applicant freeholder became the direct landlord of the tenants. In 1996 the applicant served a notice of increase under Housing Act 1988 s13 proposing an increase in rent from £700 to £3375 a month. The tenants referred the notice to the London Rent Assessment Panel. The panel raised 2 questions: whether a notice proposing a rent in excess of £25000 was a valid notice; and if the panel were to value the premises at an annual rent of more than £25000, whether they would be precluded from making a determination as it could not be an assured tenancy. The panel declared the notice invalid and could not consider the tenant`s application. The tenants challeanged the decision. Application allowed.
ASSURED TENANCY
RENT ASSESSMENT PANEL
RENT INCREASES
QBD 4 June 1997. A flat was let by the headlessee of a building under an assured tenancy. After the expiration of the term of the lease the tenants remained in possession of the flat under a statutory periodic tenancy under the Housing Act 1988. The applicant freeholder became the direct landlord of the tenants. In 1996 the applicant served a notice of increase under Housing Act 1988 s13 proposing an increase in rent from £700 to £3375 a month. The tenants referred the notice to the London Rent Assessment Panel. The panel raised 2 questions: whether a notice proposing a rent in excess of £25000 was a valid notice; and if the panel were to value the premises at an annual rent of more than £25000, whether they would be precluded from making a determination as it could not be an assured tenancy. The panel declared the notice invalid and could not consider the tenant`s application. The tenants challeanged the decision. Application allowed.
ASSURED TENANCY
RENT ASSESSMENT PANEL
RENT INCREASES