First-tier Tribunal Confirms Improvement Notice with Adjusted Deadlines
📌 In brief
In this case, the First-tier Tribunal confirmed an improvement notice issued by a local authority with adjusted deadlines for the completion of works. The applicant decided to discontinue the appeal, and the respondent agreed with the order.
⚖️ Legal holding
A local authority is entitled to confirm an improvement notice with adjusted deadlines for compliance.
📖 Technical summary
The Tribunal confirmed an improvement notice with modified deadlines for completion of works.
📜 Headnote Official document
The Tribunal confirmed an improvement notice issued by a local authority with adjusted deadlines for the completion of works. The applicant discontinued the appeal, and the respondent agreed with the order.
📚 Full judgment Official document
OUTCOME: Struck Out
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case Reference
:
CHI/45UE/HIN/2018/0023
Property
:
59 [ADDRESS] [POSTCODE]
Applicant: [redacted]
:
[COUNSEL]
Respondent
:
[redacted]
Representative
:
Type of Application
:
Appeal against an Improvement Notice
Tribunal Member(s)
:
Judge Tildesley OBE
Date and Venue of Hearing
:
Date of Decision
:
24 June 2019
DECISION
2 Decisions of the Tribunal
1. On 11 June 2019 the Applicant through its representative informed the Tribunal that he wished to discontinue the Appeal.
2. On 19 June 2019 the Tribunal advised the parties that it intended to make the Order as set out below and invited the parties to indicate their disagreement with the Order by no later than midday on 21 June 2019.
3. The Respondent indicated their agreement to the Order. The Applicant made no submissions.
The Tribunal Orders as follows:
4. The hearing of 25 June 2019 is vacated
5. Confirms the issue of the improvement notice dated 25 July 2018 but changes the date by which the works are required to be done: Item 1 to be completed by 31 July 2019, Item 2 to be completed by 30 August 2019.
6. The Improvement Order will come into effect 28 days from the date of this decision unless either party seeks permission to appeal the decision.
RIGHTS OF APPEAL
1. A person wishing to appeal this decision to the Upper Tribunal ([NAME]) must seek permission to do so by making written application to the First-tier Tribunal at the [NAME] which has been dealing with the case.
2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.
3. If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.
4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.
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❓ Frequently asked questions
What did this decision decide?
It confirmed an improvement notice with adjusted deadlines for the completion of works.
Who was involved?
The applicant, the local authority, and the First-tier Tribunal were involved.
How did the court decide, and why?
The court decided to confirm the improvement notice because the applicant discontinued the appeal, and the local authority agreed with the order.
Which laws or rules were applied?
No specific laws or rules were mentioned in the decision.
What was the argument that mattered most?
The fact that the applicant discontinued the appeal was the most significant factor.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, as they discontinued the appeal.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider whether continuing an appeal is beneficial or if agreeing to the terms of an improvement notice is more practical.
What evidence or documents mattered?
The decision to discontinue the appeal was the primary factor in the decision.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal within 28 days.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for such cases.