© CROWN COPYRIGHT 2022
The following cases are referred to in this decision:Bradford Metropolitan City Council v Anderton [1991] RA 45Mortimer v Calcagno [2020] UKUT 122 (LC)Opara v Olasemo [2020] UKUT 96 (LC)Williams v Horsham District Council [2004] EWCA Civ 391.This is an appeal against a decision of the First Tier Tribunal (Property Chamber) (the FTT) given on 23 January 2022 by which it dismissed an application by the appellants under section 41 of the Housing and Planning Act 2016 for a rent repayment order against the respondents. The issue in the appeal is whether the FTT was right to conclude that there was insufficient evidence to enable it to make an order.2.At the hearing of the appeal the appellants were represented by Mr George Penny of the Flat Justice Community Interest Company Ltd. The respondents were represented by Mr Iain Colville. I am grateful to them both for their submissions.
