[2024] UKUT 158 (LC)

Fecha: 05-Jun-2024

Conclusions

Conclusion

27.

The FTT’s decision about the £12,500 incurred in respect of roof works, at paragraphs 16 and 17 of its decision (set out above at paragraph 8) did not address the appellant landlord’s case; it did not say why the consultation that the appellant said had taken place was not a consultation in respect of those works. The decision therefore has to be set aside and the appeal is allowed. In the light of the explanations given by both parties and of the respondents’ admission at the hearing of the appeal, I substitute the Tribunal’s own decision that there was no jurisdiction to decide whether those charges were payable because they were “agreed or admitted by the tenant”.

28.

The practical result of that is that the payments already made by the respondents do not have to be reimbursed.

Upper Tribunal Judge Elizabeth Cooke

5 June 20

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.