The court faced the question of, whether if a landlord serves a notice on an assured tenant under section 13(2) of the Act proposing an increase in rent, that will be the rent unless, before the beginning of the new period specified in the notice the tenant refers the notice to a rent assessment committee under 13(4). Does the word ‘refer’ refer to the receipt of a notice, or does it include it having been posted. If not the latter, should the provision be read down under the Human Rights Act 1988.
Held: The question is not a true access to justice question since the tenant was not exercising a right until the procedure was implemented. The word had to be given its ordinary meaning unsupported by reference to the Form used. It means here that it must be received by the Rent Assessment Committee. The Form itself should be amended.
Judges:
Lord Justice Sedley, Lord Justice Waller Lord Justice Tuckey
Citations:
[2003] EWCA Civ 319, Times 25-Mar-2003
Links:
Statutes:
Housing Act 1988 13(4), Human Rights Act 1998 3, Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (SI 1997 No. 194)
Jurisdiction:
England and Wales
Citing:
Cited – Miragall Escolano And Others v Spain (Article 41) ECHR 25-May-2000
Hudoc Judgment (Struck out of the list) Struck out of the list (arrangement) 38366/97; 38688/97; 40777/98; 40843/98; 41015/98; 41400/98; 41446/98; 41484/98; 41487/98; 41509/98 . .
Cited – Perez De Rada Cavanilles v Spain ECHR 28-Oct-1998
ECHR Inadmissibility, for being out of time, of reposicion application against court decision whereby a settlement agreement which the applicant had sought to enforce had been declared void
In a dispute . .
Cited – Nash v Ryan Plant International Limited 1977
The court considered the meaning of the word ‘refer’ in the section.
Held: Words such as ‘deliver’ or ‘present’ ordinarily require that the transfer shall be completed. Words like ‘send’ or ‘despatch’ do not. The argument on the word . .
Appeal from – Regina (Lester) v London Rent Assessment Committee QBD 7-Nov-2002
The tenant sought to request the Committee to fix his rent. He sent the application, but it was not received before it came into effect. He appealed a rejection of his claim as out of time.
Held: The regulation required the rent to be referred . .
Lists of cited by and citing cases may be incomplete.
Housing, Human Rights
Updated: 07 June 2022; Ref: scu.179743