[2023] UKUT 118 (LC)

Fecha: 24-May-2023

Conclusions

Conclusion

71.

For these reasons I dismiss the appellant’s appeal on all grounds.

72.

That leaves the question whether the banning order made on 16 August 2022 should come immediately into effect in relation to the appellant’s existing tenancies. The FTT allowed a period of 6 months for the appellant to make alternative arrangements before the order would come into force in relation to existing tenancies and it seems to me that that approach should be continued for the time being. I therefore lift the stay on the FTT’s order but substitute 1 December 2023 as the date on which it will apply to existing tenancies. The appellant may apply to the FTT by not later than 6 October 2023 for any further consideration of this requirement. It should not be assumed by the appellant that the full effect of the banning order will be postponed beyond 1 December 2023.

Martin Rodger KC

Deputy Chamber President

24 May 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.