[2025] UKUT 237 (LC)

Fecha: 18-Jul-2025

Conclusions

Disposal

41.

For these reasons I allow the appeal, set aside the FTT’s decision, and remit the matter to it for redetermination. The question for it to determine will be, as before, the rent at which the property could be expected to have been let on 30 July 2024 having regard to the matters in section 14 of the 1988 Act. There is no reason why the redetermination should not be by a panel which includes members of the original panel.

Martin Rodger KC,

Deputy Chamber President

18 July 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.