[2023] UKUT 271 (LC)

Fecha: 12-Oct-2023

Should the Reviewed Decision be remitted or re-made and, if so, on what terms?

Should the Reviewed Decision be remitted or re-made and, if so, on what terms?

183.

I can see no basis for remitting this case to the FTT. A remission is appropriate in circumstances where it is reasonable to allow the first instance tribunal or a different first instance tribunal to consider the matter afresh, on what has been determined by the appeal tribunal to be the correct legal basis. In my view it would be wrong to take this course in the present case, in circumstances where (i) on the basis of the findings made by the FTT, I can see no case for the grant of dispensation on anything other than an unconditional basis, and (ii) Paragraph 9 has intervened to render the Costs irrecoverable from those of the Respondents who hold qualifying leases within the meaning of Section 119.

184.

This leaves the question of whether the Reviewed Decision should be re-made. It seems to me that I should re-make the Reviewed Decision in the following terms:

(1)

The Reviewed Decision should take effect as a decision to grant dispensation on an unconditional basis, with the decision to impose the Costs Condition excised.

(2)

The Reviewed Decision should also take effect as a decision that, by virtue of Paragraph 9, the Costs are not recoverable, by the Service Charge, from those of the Respondents who hold qualifying leases within the meaning of Section 119.