[2024] UKUT 37 (LC)

This is one of the grounds on which the FTT refused permission. The point is that the FTT said it could not determine what was a “fair proportion” for flats 9 and 11, but that was not what it was asked to do. What it should have done, says the appellant, was to determine that 16/38 shared between these two flats could not possibly be fair. That is obviously correct and has already been dealt with; permission is granted and the appellant succeeds on this ground.