Deepak Shah & Anor v Julian Thomas & Anor

Deepak Shah & Anor v Julian Thomas & Anor

The First-tier Tribunal erred in law by postponing the commencement of the new rent without evidence of undue hardship and without making a specific finding of fact to that effect. The statutory precondition for postponement was not met.

Parties
Appellants: Mr and Mrs Deepak and Gita Shah; Respondents: Mr and Mrs Julian and Melissa Thomas
Jurisdiction
England and Wales
Judgment Date
07 August 2025
Procedural Posture
Landlord and Tenant Appeal / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)
Outcome
Appeal allowed
Legal Topics
Rent Determination, Statutory Tenancy, Hardship, Section 14 Housing Act 1988
Landlord and Tenant Law Rent Determination Statutory Tenancy Hardship Section 14 Housing Act 1988

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Parties

Mr and Mrs Deepak and Gita Shah

Appellants

Mr and Mrs Julian and Melissa Thomas

Respondents

Procedural Posture

Landlord and Tenant Appeal / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in postponing the start date of the new rent without evidence of undue hardship to the tenant under section 14(7) of the Housing Act 1988

Ratio Decidendi

The First-tier Tribunal erred in law by postponing the commencement of the new rent without evidence of undue hardship and without making a specific finding of fact to that effect. The statutory precondition for postponement was not met.

Court Disposition

Appeal allowed

Orders

  • The rent is to take effect on the date specified in the notice, being 3 September 2024.