[2023] UKUT 247 (LC)

Fecha: 11-Oct-2023

Conclusions

Disposal

65.

For these reasons the rent repayment order is set aside and the case is remitted to the FTT for reconsideration by a differently constituted panel.

66.

The Tribunal has power under section 12(3)(b), Tribunals, Courts and Enforcement Act 2007 to give procedural directions when it remits a case to the FTT for reconsideration. In this case I direct that the witness statement of Mr Ashok Patel dated 9 November 2022 and the statement of case of the same date both of which were filed with the FTT and copied to the respondents on 23 December 2022 be admitted as the appellant’s evidence in the application. The considerations which could have justified a refusal by the FTT to admit that evidence at the hearing on 13 January are now mostly irrelevant; there is no longer any risk of disrupting a hearing date and the respondents will now have plenty of time to consider how to respond. Any criticism which might justifiably be aimed at the appellant for not filing its evidence while waiting for the FTT to decide whether time should be extended is of relatively little weight when set against the importance of enabling both parties to participate fully in the proceedings.

67.

The FTT will wish to consider whether any other procedural directions are required.

Martin Rodger KC,

Deputy Chamber President

11 October 2023

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.