[2025] UKUT 194 (LC)

Fecha: 19-Jun-2025

Conclusions

Conclusion

20.

The appeal succeeds and the FTT’s decision is set aside. There is no basis on which the matter can be remitted to the FTT; the respondents have not suggested that they have relevant evidence about their fellow occupiers that they were unable to produce at first instance. The Tribunal substitutes its own decision that the application for a rent repayment order is refused.

Upper Tribunal Judge Elizabeth Cooke

19 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.