[2005] EWCA Civ 1385, 6 December 2005. The appellant tenants (W) appealed against the determination of a preliminary issue to the effect that rent increases implemented by the respondent social landlord and charitable housing association (R) were valid, and R cross-appealed on the preliminary issues decided in W's favour. W's tenancy with R was a weekly assured non-shorthold tenancy for the purposes of the Housing Act 1988. Section 2(7) of the tenancy agreement provided that the rent payable would be increased annually with effect from the first Monday of June each year (the "rent variation date") and s.2(12) provided that the agreement could only be changed with the written consent of both parties or by following a consultation procedure. There was no rent increase in 2000 and in subsequent years R gave notice of rent increases from the beginning of April. R had begun possession proceedings against W on the basis that W had failed to pay the rent due. W's defence was that the arrears of rent were not lawfully due because R had not implemented the contractual procedures for rent increases in that the rent variation date in the notices from 2001 onwards did not conform to the contractual rent variation date. "Held": the appeal was allowed and the cross-appeal was dismissed since the notices issued to tenants did not conform to the contractual rent variation date contained in the tenancy agreement.