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Conclusions
Conclusion
Mr Szymczak’s application to the FTT failed because he produced no evidence beyond his own assertions, which were contested by the landlord. The FTT had its doubts about Mrs Entwhistle’s credibility, but it could not be satisfied beyond reasonable doubt that what Mr Szymczak said was true. His application for permission to adduce fresh evidence on appeal fails because he has not shown that he could not with reasonable diligence have produced that evidence to the FTT. The application to adduce fresh evidence fails, and therefore the appeal cannot proceed.
Upper Tribunal Judge Elizabeth Cooke
16 May 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.