Tribunal action for assured tenancies

The tribunal has jurisdiction to determine issues relating to the amount of rent paid by assured tenants in certain circumstances.

It can consider applications by tenants of Short Assured and Statutory Assured tenancies who wish to:

• have the Housing and Property Chamber assess their current rent (Short Assured) [1] ; or

• object to a new rent proposed by their landlord on form AT2 (Statutory Assured).

See the section on Rent increases – assured tenants for more information.

A landlord wishing to propose new tenancy terms (and if appropriate a change also to the rent) s/he must first serve a valid notice to quit and inform the tenant of the proposed new terms using form AT1(L).  Less commonly used, a tenant can also propose new terms using form AT1(T)

Where the new proposed terms cannot be agreed, the tribunal has jurisdiction to determine applications on the proposed new terms. [2]

A tenant wishing to challenge the new terms proposed must make an application to the tribunal using form AT3(T)  

A hearing may be set and the tribunal may also decide to carry out an inspection on the property.

Where a landlord seeks to recover an assured or short assured tenancy they must follow the correct procedure. A tenant is not required to vacate the property until the landlord obtains an order from the tribunal. [3]

See the section on Assured tenancies – landlord wants possession for more information on the procedure.  

The section on Short assured tenancies explains the process in relation to the procedure required to bring this type of tenancy to an end.  

Where an assured tenancy is ended using ground 6 (redevelopment) or ground 9 (suitable alternative accommodation available to the tenant), the landlord is required to pay reasonable removal expenses. [4] Where this cannot be agreed an application to the tribunal can be made to determine these.

An assured or short assured tenant can apply to the tribunal if, after requesting in writing, their landlord fails to provide them with a written tenancy agreement and/or a weekly rent book. [5]

Applications for damages following an illegal eviction are now dealt with by way of an application to the tribunal. See the section on illegal eviction - damages for more details.  

Where a landlord has failed to place a tenant's deposit into an approved scheme the tenant may raise action at the tribunal. See the section on tenancy deposits for more information.

There may be other civil proceedings available to tenants of assured and short assured tenants. Where provision for this is not stated elsewhere in legislation there is provision for the tribunal to consider ‘any other application in relation to assured tenancies under the 1988 Act’. [6]