Case No. UKUT-334-(LC)-UTLC-Case-Numbers:-LC-2022-88

30.Once the preliminary issue had been decided the FTT had to decide the respondent’s application for an order that the appellant pay the outstanding fees. As I said above, it issued draft directions for a determination to be made on the papers, with an invitation for the parties to request alternative directions. The FTT did not accept the appellant’s letter to the Regional Judge as such a request.31.Rule 31 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 requires the FTT to hold a hearing before making a decision, unless each party has consented to it doing so without a hearing. A party may be taken to have consented if “no objection has been received” within a stated time.32.The appellant in its letter to the Regional Judge did express a very clear objection. Ms Wigley KC has confirmed that the respondent makes no submissions on this ground of appeal.33.I find that the appellant did object, within time. The second ground of appeals succeeds; the FTT should not have decided the respondent’s application on the papers in December 2021 and its decision is set aside.