Application Struck Out: Claimant Fails to Meet Jurisdiction Requirements

OUTCOME: Struck Out

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FIRST-TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY) Case reference : CAM/22UJ/HNA/2025/0606 Property : 127 [ADDRESS], [POSTCODE] Applicant : [redacted] : Litigant in Person Respondent : [redacted] Representative : Private Sector Housing Team Type of [NAME] : Appeal against financial Penalty – Section 249A & Schedule 13A to the Housing Act 2004 (the Act) Tribunal : Judge Bernadette MacQueen Date of notice : 2 September 2025

[NAME] TO RULE 9(2) OF THE TRIBUNAL (PROCEDURE) (FIRST-TIER TRIBUNAL) ([NAME]) RULES 2013

1. By formal Notice from the Tribunal dated 21 July 2025, the Tribunal indicated that it considered it had no jurisdiction in respect of your [NAME] and invited representations from both parties.

2. The Tribunal received a response from the Applicant dated 6 August 2025 but did not receive a response from the Respondent. The Applicant confirmed that the financial penalty had been withdrawn and asked that the Tribunal order that the £110 [NAME] fee she had paid to the Tribunal be reimbursed to her by the Respondent.

2 3. For the reasons set out in the formal Notice and here, the [NAME] is struck out on grounds that the Tribunal does not have jurisdiction in respect of it.

Payment of Tribunal Fee

4. The Tribunal orders that the Respondent pay the Applicant £110 in respect of the [NAME] fee that the Applicant paid to the Tribunal. This order is made because the Applicant had to pay the [NAME] fee to the Tribunal before the Respondent withdrew the financial penalty.

5. The Respondent must make this payment within 28 days from the date of this order.

6. This order is made under Rule 13(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013. Financial Redress for Damage and Distress Caused 7. The Applicant also applied for £34,000 financial redress for damage and distress caused. This is made up of lost rent, utility bills, boiler and parts, travel and petrol and £1,800 for admin/appeal time and labour.

8. The Tribunal’s power to make an order for costs is contained within Rule 13 of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013.

9. The Tribunal does not make an order for costs. This is because before an order can be made, the Tribunal must be satisfied that there has been unreasonable conduct. The Respondent issued a financial penalty, however, took the decision to withdraw the financial penalty notice and notified the Tribunal of this promptly. The Tribunal therefore does not find that the Respondent’s conduct amounts to unreasonable behaviour within the context of the Tribunal’s costs powers.

10. With that said. the Tribunal notes that the Respondent has upheld the stage one complaint made to them by the Applicant and has offered an apology. The Tribunal further notes that the Applicant has submitted a stage two complaint to the Respondent and therefore this complaint will need to be considered by the Respondent under their complaints process.

Name: Judge Bernadette MacQueen

Date: 2 September 2025

3 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First- tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the Tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).