[2024] UKUT 00279 (LC)

Fecha: 12-Sep-2024

Conclusions

Conclusion

37.

The appeal succeeds. It is not possible for me to substitute the Tribunal’s own judgment for the FTT’s decision, because I have not heard Mr Clark’s evidence about the condition and amenity of the site (it was given orally and not in a witness statement) and I cannot know how much of the difference between 13.4% and 8% was due to the level of the RPI increase. The matter is therefore remitted to the FTT for the same panel to remake its decision, taking no account of the level of increase in the RPI. I am sorry that means further delay for the parties, but there should be no need for a further hearing since the panel has all the material it ow needs.

Upper Tribunal Judge Elizabeth Cooke

12 September 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.