[2025] UKUT 174 (LC)

Fecha: 05-Jun-2025

Conclusions

Conclusion

16.

The appeal is allowed and the FTT’s decision set aside in relation to the three charges listed at paragraph 8 above.

17.

I have to decide whether to remit the matter to the FTT for a fresh decision. That will take some time and will involve cost and stress for both parties. The respondent has had its opportunity to engage with the appellant’s arguments but has failed to do so properly in the FTT or at all in the appeal, so it is unlikely that it will be of any assistance to the FTT on a redetermination. In my judgment it is neither useful nor, in view of the amount in issue, proportionate to remit the matter. The appellant has raised a strong prima facie case that the insurance premiums for the years in question were too high, bearing in mind the disproportionate increase in those costs and the much lower quotation that he was able to obtain. The respondent has not answered any of his points. I bear in mind the careful and pragmatic decision take by the FTT in the early decision in relation to Flat 7, and I consider that there is much to be said for a consistent outcome. I take a similarly pragmatic approach and substitute the Tribunal’s decision that a reasonable cost for Flat 2’s share of the landlord’s insurance costs for 2019/20, for 2022/23 and for 2023/24 was on each occasion £259.38, being 1/8 of £2,705.

18.

The appellant also seeks to appeal the FTT’s refusal to make an order in his favour that the respondent reimburse the fees incurred by him in the FTT. I do not know whether he had applied for such an order. I will proceed on the basis that he has made that application in the Upper Tribunal in respect of both the FTT and the Upper Tribunal fees and will give the respondent the opportunity to respond to it.

Upper Tribunal Judge Elizabeth Cooke

5 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.