Conclusions
Disposal
For these reasons I allow the Council’s appeal and strike out On Tower’s notice of reference.
Martin Rodger KC,
Deputy Chamber President
4 June 2024
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.
- Heading
- Introduction
- The issue
- The facts
- The relevant provisions of the Code
- Grounds of appeal
- Ground 1: Does the Code prohibit an operator which has exhausted its rights of renewal under the 1954 Act from making a further application under Part 4?
- Ground 2: Was On Tower’s application under Part 4 of the Code an abuse of process and should the reference be dismissed?
- Ground 3: Was On Tower prevented from serving a valid paragraph 20/27 notice on 17 February 2023 because its tenancy was still being continued by the 1954 Act?
- Conclusions
![[2024] UKUT 151 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)