[2025] UKUT 19 (LC)

Fecha: 23-Ene-2025

Conclusions

Conclusion

52.

The appeal has succeeded on all grounds.

One further ground of appeal was that the FTT did not make an order in favour of the leaseholders for the reimbursement of the fees they had paid to the FTT. As I noted above the FTT said that those fees should be reimbursed, and therefore there was no need for an appeal on this point; but the FTT did not respond to the leaseholders’ request for an order setting out the amount of £300 to be repaid and the date by which it was to be paid. Without such an order the leaseholders are unable to enforce the FTT’s decision about the fees in the county court, and the leaseholders’ experience is that the respondent will not pay unless they enforce the order. In making an order pursuant to rule 13(1)(b) of the FTT’s rules following the successful appeal about costs I will also make an order that the respondent reimburse the FTT fees in accordance with the FTT’s decision.

Upper Tribunal Judge Elizabeth Cooke

23 January 2025

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.