Application Struck Out for Non-Compliance with Tribunal Directions

OUTCOME: Struck Out

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

CHI/00HP/LDC/2023/0074

Property

:

The Pinnacle, [APPELLANT], Sandbanks, Poole, Dorset, [POSTCODE]

Applicant: [redacted]

:

[APPELLANT]

Respondent: [redacted]

:

Type of Application

:

To dispense with the requirement to consult lessees about major works section 20ZA of the Landlord and Tenant Act 1985

Tribunal Member

:

[NAME] of Notice

:

18 September 2023

NOTICE STRIKING OUT AN APPLICATION PURSUANT TO RULE 9(3)(a) OF THE TRIBUNAL PROCEDURE (FIRST-TIER TRIBUNAL) (PROPERTY CHAMBER) RULES 2013

2 This is a formal order of the Tribunal which must be complied with by the parties.

The parties must comply with the Statement on Tribunal Rules and Procedure and the Guidance on PDF bundles which are enclosed with these directions (if not already provided).

Communications to the Tribunal MUST be made by email to [EMAIL]. All communications must clearly state the Case Number and address of the premises.

Background

1. The Applicant seeks dispensation under Section 20ZA of the Landlord and Tenant Act 1985 from the consultation requirements imposed on the landlord by Section 20 of the 1985 Act. The unsigned application was received on 5 July 2023.

2. Directions of the Tribunal were issued by a Legal Officer on 22 August 2023 requiring, amongst others, that the Applicant provide written authority appointing a representative to act on their behalf (paragraph 2); confirmation to be sent to the Tribunal by 30 August 2023 that a copy of the Directions including the statement of rules and procedures and guidance on pdf bundles, together with a copy of the application had been provided to each Respondent (paragraph 10); and confirmation to be sent to the Tribunal by 12 September of whether any reply forms have been received from the Respondents (paragraph 15).

3. The Applicant has failed to comply with any of these requirements.

4. Paragraph 10 of the Directions stated, in bold, that where the Applicant fails to inform the Tribunal by the said date the application will be struck out without further notice.

5. In accordance with Rule 9(3)(a), that being a failure to comply with a Tribunal Direction, the application is hereby struck out.

RIGHTS TO REINSTATEMENT

The Applicant may apply for reinstatement of the application under Rule 9(5) of the Tribunal’s Procedural Rules. The application must be received within 28 days of the date of this Notice (Rule 9(6)).