[2023] UKUT 220 (LC)

Fecha: 12-Sep-2023

Conclusions

Conclusion

50.

I have rejected the respondent’s arguments. The unfairness of the RTM company’s attempt to pursue the appellant in the FTT on the bass that it is the landlord, and then to deny liability for costs on the basis that it is not the landlord, is obvious, and is reflected in the legal position that the RTM is estopped from denying that the appellant is the landlord for the purpose of recovering costs under section 88 of the 2002 Act. There is no need, and it would not be proportionate, to decide the two other grounds of appeal.

51.

That being the case a costs order can be made. The appellant filed a schedule of costs in the FTT and the parties made representations about it; I will make a determination about costs under section 88 in a separate order.

Upper Tribunal Judge Elizabeth Cooke

12 September 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.