Application Struck Out Due to Timing Issue in First-tier Tribunal

OUTCOME: Struck Out

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) [NAME]

: CAM/33UG/OLR/2025/0013

Property : 14 [RESPONDENT], [ADDRESS], [POSTCODE]

Applicant: [redacted] : [NAME]

Respondent: [redacted] : [RESPONDENT] of [NAME] : For determination of the premium and

terms of a new lease-Leasehold Reform,

Housing and Urban Development Act 1993

Tribunal Member : Judge Wayte

Date of Decision : 8 July 2025

DECISION

Background

1. The tribunal received an [NAME] for determination of the premium or other terms of acquisition remaining in dispute by email on 10 January 2025 and by post on 13 January 2025.

2. A letter was sent by the tribunal to both parties on 1 May 2025 stating that the [NAME] had been received on 13 January 2025 (in error). The [NAME] was then referred to a legal officer who issued [NAME] management directions on 30 May 2025 to both parties.

3. On 5 June 2025 the tribunal received an email from the [NAME] who indicated that, as the tribunal had confirmed receipt of the [NAME] on 13 January 2025, the [NAME] was out of time. The 6 month deadline under the 1993 Act from the date of the counter notice was 9 January 2025.

4. This email was forwarded to the applicant’s representative by a [NAME] officer, who asked for their comments on the matter. They responded on 17 June 2025 forwarding an error message confirming that the [NAME] was

2 intended to be sent to the tribunal by email on 9 January 2025 but due to an error made by them in respect of the the tribunal’s email address, the email was not delivered. The applicant realised their error on 10 January 2025 and re-sent the email with the [NAME] form and enclosures, which was duly received by the tribunal on that date.

5. In the light of that information, the tribunal wrote to both parties on 17 June 2025 stating that it appeared that the tribunal did not have jurisdiction to proceed with the [NAME] as it had been made one day late. The tribunal provided 7 days for either party to provide representations, prior to the final decision.

6. Following the tribunal’s letter, the [NAME] sent an email stating that they agree that the tribunal does not have jurisdiction in this matter.

7. The tribunal did not receive any further correspondence from the applicant’s representative.

The Tribunal’s Decision

8. Section 48 (2) of the Leasehold Reform, Housing and Urban Development Act 1993 provides that any [NAME] under subsection (1) must be made not later than the end of the period of six months beginning with the date on which the counter-notice or further counter-notice was given to the tenant. In this [NAME], the counter notice was given to the tenant on 10 July 2024, meaning that the last date for the [NAME] to be received by the tribunal was 9 January 2025.

9. Although it appears the applicant attempted to submit the [NAME] on time, it was not received by the tribunal until the 10 January 2025, [NAME] it one day late. There is no power under the Act for the tribunal to extend this deadline.

10. In the circumstances, the tribunal does not have jurisdiction to determine this matter and must therefore strike the [NAME] out under Rule 9(2)(a) of The Tribunal Procedure (First tier Tribunal) (Property Chamber) Rules 2013

Judge Wayte

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) 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), on a point of law only, then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the [NAME].

3 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 [NAME] 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).