The landlord appealed a finding that in raising the rent of the tenant’s property, he should have followed the section 13 procedure. He said that the agreement contained its own provisions agreed with the tenant.
Held: The appeal succeeded. The section excludes a tenancy where provision is made for an increase in rent, and this exclusion applies not simply as the judge thought to cases where the amount of the increase in the rent is set by the tenancy agreement, but also in cases where the tenancy agreement merely provides machinery for increasing the rent.
Judges:
Pill LJ, Arden LJ, Lawrence Collins LJ
Citations:
Times 13-Jul-2007, [2007] EWCA Civ 842, [2007] 1 WLR 2982, [2008] HLR 9, (2007) 151 SJLB 895, [2007] L and TR 27
Links:
Statutes:
Jurisdiction:
England and Wales
Housing
Updated: 14 November 2022; Ref: scu.259137