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Conclusions
Conclusion
The FTT’s finding that Mr Campbell was the landlord of the property stands. Its decision as to the quantum of the award is set aside in its entirety and is remitted to the FTT for a re-hearing before a different panel. That panel will hear the matter afresh, on the basis of witness statements and other material already filed, including material that has come to light since the 2023 decision including the HMO licence itself. It is a matter for that panel whether to direct further evidence including a witness statement from Mr Campbell so that his evidence can be properly tested.
If the tenants wish to pursue their application they must apply to the FTT for directions within 28 days of the date of this decision.
Upper Tribunal Judge Elizabeth Cooke
4 April 2025
Amended in paragraph 10 pursuant to rule 53
15 April 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.