I AM LANDLORD OF RESIDEATIAL PREMISES IN CHESSINGTON ABOVE SHOPPING PARADE COMPRISING 3 BEDROOMS, ONE RECEPION ROOM AND THE USUAL SERVICES. IT IS A REGULATED TENANCY. THE RENT ASSESSMENT COMMITTE RECENTLY REDUCED THE REGISTERED FROM £150 PER WEEK TO £132 PER WEEK. WHAT ARE MY CHANCES OF CHELLENGING THE DECISION B M SUCHK
Province/Country relating to question : CHESSINGTON SURREY
Hi, Thanks for your question. If I have provided you with an answer, kindly click ACCEPT.
If you are dissatisfied with the decision of the rent assessment committee, you may challenge the decision of the rent assessment committee.
The task of a rent assessment committee when a matter is referred to it is outlined in para (9) of Sched 11 to the Rent Act 1977: 'The committee shall make such inquiry, if any, as they think fit and consider any information supplied or representation made to them in pursuance of para 7 or para 8 above and (a) if it appears to them that the rent registered or confirmed by the rent officer is a fair rent, they shall confirm that rent; (b)if it does not appear to them that the rent is a fair rent, they shall determine a fair rent for the dwelling-house.'
Under the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1981 (SI 81/1783) the duty to give reasons for the committee's decision is operative only where a committee is specifically requested to give reasons for its decision
In Mountview Court Properties Ltd v Devlin (1970) 21 P & CR 689 Parker CJ stated that: 'I approach the ma tter in this way: that reasons are not dificient merely because every process of reasoning is not set out. I further think that reasons are not insufficient merely because they fail to deal with every point raised before the committee at the hearing.'
Therefore, the assessment provided by the rent assessment committee can be challenged
I hope this answers your question. If so, kindly click ACCEPT. Kind regards,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).