[2025] UKUT 318 (LC)

Fecha: 29-Sep-2025

Conclusions

The appeal

The appellants applied to the FTT for permission to appeal on a number of grounds including the fact that they had been unaware that proceedings had been brought against them, rather than their agent, until January 2025 and had not known about the hearing. The FTT refused permission saying that the lack of communication between the appellants and their agent was a matter they should take up personally with the agent.

When an application for permission to appeal was made to the Tribunal, it wrote to the FTT to ask whether the FTT had had authority from the appellants to serve proceedings on their agent. In response the FTT confirmed that it had not, and said:

“I am unable to locate any direct correspondence to or from the Respondents within our electronic file.
I am satisfied that the Tribunal did not receive written notice of representation from the Respondent as required by FTT Rule 14(2).
I am also satisfied that the Tribunal did not provide a copy of the application and accompanying documents to the Respondent as required by FTT Rule 29(1).”

10.

It is therefore clear that the proceedings were not sent to the appellants but were sent to the letting agent who whom they had not authorised to receive notice of proceedings against them. The FTT is required to send the proceedings and its directions to the party concerned, and not to their agent unless they have authorised the FTT to do so. The appeal succeeds as a result of this procedural irregularity and the order made by the FTT is set aside.

11.

I should like to stress that the respondent has not been in any way at fault; she was not aware that the proceedings had not been sent to the appellants. If she wishes to pursue her application for a rent repayment order she may apply to the FTT for directions.

Judge Elizabeth Cooke

29 September 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.