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The background and the FTT’s decision
The background and the FTT’s decision
Section 249A of the Housing Act 2004 enables a local housing authority to impose a civil penalty, also known as a financial penalty, upon a person who has committed one of certain housing offences, as an alternative to prosecution. Schedule 13A to the 2004 Act sets out the procedure for imposing a penalty, including the service of a Notice of Intent to impose a penalty and then a Final Notice. Paragraph 10 of that schedule provides that there is an appeal from the imposition of a penalty to the FTT.
Paragraph 10 of Schedule 13A does not specify a time limit for the appeal of a Financial Penalty to the Tribunal. However, Rule 27 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 states:
Where the notice of application relates to a right to appeal from any decision (including any notice, order or licence), the applicant must provide the notice of application to the Tribunal within 28 days after the date on which notice of the decision to which the appeal relates was sent to the applicant.
The FTT has a discretion to extend time if an application is made outside that 28 day time limit.
The respondent sent to the appellant a final notice, imposing a financial penalty of £7,500, dated 30 May 2024. The appellant’s application to the FTT was received on 22 July 2024, just over three weeks out of time. The FTT conducted a hearing on 8 January 2025 to decide as a preliminary issue whether an extension of time should be granted.
The appellant gave six reasons why an extension of time should be granted, each of which the FTT rejected:
The appellant said he had acted in good faith and sought guidance about the appeal from the FTT. The FTT agreed that on 3 July 2024 he emailed the FTT stating that he wished to appeal the penalty and asking for the penalty to be withdrawn, but pointed out that by then he was already out of time. He had followed that up on 11 July asking which form to complete. The FTT said that since he was already out of time on 3 July his reason was “not made out.”
The appellant said that he found the process of appeal confusing. The FTT rejected that reason because the Final Notice stated clearly the time for appeal, and because the respondent also informed him about the time limit some two weeks before it expired.
The appellant said he never received the Notice of Intention to impose a financial penalty, and said that that prevented him from responding within the correct time frame. The FTT rejected this because events prior to the Final Notice were not relevant.
The appellant said he had acted in good faith and applied promptly once he had understood the procedure, and that the penalty would cause him financial hardship. The FTT said that “a considerable period of time” elapsed before the appellant made his application and that its financial status was irrelevant; and it observed that there was no evidence that he had sought legal or professional advice.
The appellant said that there would be no prejudice to the respondent if he were granted an extension of time, and that principles of justice required both parties to have the case determined on its merits. The FTT said that on the contrary the respondent would incur time and cost in defending the appeal, and that in light of that prejudice, bearing in mind the overriding objective to decide cases fairly and justly, time should not be extended.
The appellant said that he had substantive grounds for appealing the penalty which should be properly looked into. The FTT said that this was not relevant to the reasons for the late application.
The FTT concluded:
“26. The onus in this matter is on the Applicant to establish the reasons for the delay in submitting an appeal and to prove that such reason is a good reason. Having regard to all of the circumstances of the matter, and whilst I accept that the Applicant found the process daunting, lacked experience in dealing with such matters and was concerned at the quantum of penalty, I am not satisfied that the Applicant has provided good reasons for the failure to appeal before the end of 28 days.
27. Accordingly, I dismiss the application.”
The appellant appeals with permission from this Tribunal.