The grounds of appeal
The grounds of appeal
The issues raised by the five grounds of appeal for which this Tribunal granted permission can be summarised as follows:
Did the FTT lack jurisdiction to make a rent repayment order because the offence was committed outside the period of 12 months ending with the day on which the application was made?
Did the FTT misunderstand the appellant’s reasonable excuse defence and wrongly reject it?
Was the FTT’s finding that the use of the lounge by the appellant and Lesley Nurse amounted to “harassment” wrong in law and procedurally unfair?
Was the FTT’s assessment of the quantum of the award flawed because it failed to take any of the matters relied on by the appellant into account?
Was the FTT’s order for reimbursement of fees flawed because it did not take account of the respondents’ failure to engage with the appellant’s offer of mediation?
- 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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