Lester v London Rent Assessment Committee
Ms Lester was an assured tenant. Her landlord gave her a statutory notice (on the correct form under section 13 of the 1998 Housing Act) proposing an increased rent with effect from 20 March 2002. Ms Lester wanted the Rent Assessment Committee (RAC) to consider the proposed new rent and reduce it. The Act required her to "refer" the notice to the RAC before the proposed date of increase. She posted her form to the RAC on 18 March 2002 but it was not received until 20 March 2002. Was she "in time"?

The Court of Appeal decided that the requirement to "refer" to the RAC meant the notice had actually to be received by the RAC before the date on which the proposed increase took effect. Neither the RAC nor the courts had power to extend time.

So the RAC had no jurisdiction to consider her case and the rent increase proposed by the landlord was effective.

Source

Housing Today

Reference

Most RSLs increase the rents of assured tenants by serving such section 13 notices. Although not many RSL tenants use the right to refer the proposed rent to the RAC, this case illustrates the importance of them getting their forms in on time.