Conclusions
Disposal
For these reasons, and as I have already indicated, the appeal is allowed and the FTT’s decision (including its decision on reimbursement of fees) is set aside. The application for rent repayment orders is remitted to a differently constituted panel for redetermination. The parties should consider whether the mediation service offered by the FTT might allow them to reach an earlier and more proportionate resolution of the application.
Martin Rodger KC,
Deputy Chamber President
4 June 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.
- Heading
- Introduction
- Legal background
- Factual background
- The FTT’s decision
- The grounds of appeal
- Issue 1: Was the application made in time?
- Issue 2: The appellant’s reasonable excuse defence
- Issues 3 and 4: “Harassment” and the assessment of quantum
- Issue 5 – Relevance of offer of mediation
- Conclusions
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