[2023] UKUT 139 (LC)

Venue – Royal Courts of Justice

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL

(PROPERTY CHAMBER)

HOUSING – CIVIL PENALTY – whether the First-tier Tribunal should have increased the civil penalty on the basis of evidence given by the appellant at the hearing – procedure following claim that the person who gave evidence at the hearing before the FTT was not the appellant – decision set aside on the basis of a serious procedural irregularity and the -matter remitted to the FTT to determine the amount of the penalty

BETWEEN

LONDON BOROUGH OF WALTHAM FOREST

Appellant

-and-

ADIL RAHMAN

Respondent

Re: 1037A Forest Road,

London,

E17 4AH

Upper Tribunal Judge Elizabeth Cooke

8 June 2023

Decision Date: 19 June 2023

Mr Riccardo Calzavara for the appellant

Mr Arfan Rahman for the respondent

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Leicester City Council v Morjaria [2023] UKUT 129 (LC)

Sutton v Norwich City Council [2021] EWCA Civ 20

Waltham Forest LBC v Marshall [2020] 1 WLR 3187 (LC)