Sylva v Property Rentals

Landlord wins · London · 2025-08-21

Adjudicator

Colette Myers

Dispute

Illegal Rent

Landlord

Boardwalk Property Rentals

Tenant

N.S.

Landlord rep

Nancy Peng

What happened

The Tenant applied for an order determining that the Landlord collected or retained money illegally. The Tenant was confused by a rent increase notice (N1) which indicated a 4.30% increase instead of the standard 2.5% guideline. However, the Landlord had filed an Above Guideline Rent Increase (AGI) application and had informed tenants they were not required to pay the additional amount until an order was issued. The Tenant admitted she had not actually paid the increased amount.

The ruling

The Tenant's application is dismissed. The Board found that the Landlord did not collect or retain money illegally because the Tenant had not actually paid the proposed Above Guideline Increase (AGI) amount. The Landlord followed proper procedure by informing the Tenant that payment of the AGI was not mandatory until the LTB issued a final order on the Landlord's L5 application.