Proceedings Stopped Temporarily Until Further Application
📌 In brief
The First-tier Tribunal has paused the proceedings for one month after 30 April 2022. If no further application is made during this period, the claim could be dismissed.
⚖️ Legal holding
The Tribunal may strike out the claim if no further application is made within the stay period.
📖 Technical summary
Proceedings stayed for one month pending further application.
📜 Headnote Official document
The Tribunal stayed proceedings for one month after 30 April 2022, pending further application. If no application is made, the claim may be struck out under rule 9 of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013.
📚 Full judgment Official document
OUTCOME: Other
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) &
IN THE COUNTY COURT at Norwich, sitting at 10 [ADDRESS] [POSTCODE]
Tribunal reference : CAM/42UD/LSC/2021/0025 Court claim number : G3QZ2EOA Property : 39A and 39B [ADDRESS], [POSTCODE] Applicant/Claimant : [redacted] : Mr [COUNSEL] Respondent/Defendant: [redacted] : [NAME] Tribunal members : Judge Dutton Mrs A [NAME] MA MRICS In the county court : Judge Dutton, with Mrs [NAME] as assessor Date of decision : 19 November 2021
DECISION
This decision takes effect and is ‘handed down’ from the date it is sent to the parties by the tribunal office:
Summary of the decisions made by the Tribunal 1. The proceedings before the Tribunal are stayed for a period of one month after 30 April 2022 on the terms of the Order made in the County Court at Norwich in claim G3QZ2EOA as annexed hereto.
2. If no application is made to the Tribunal before the expiration of the one month period, commencing on 30 April 2022, the Tribunal will consider striking out the claim under the provisions set out in rule 9 of the Tribunal Procedure (First- tier Tribunal)(Property Chamber) Rules 2013 Name: Judge Dutton Date: 19 November 2021
ANNEX - RIGHTS OF APPEAL
Appealing against the tribunal’s decisions
1. A written application for permission must be made to the First-tier Tribunal at the Regional tribunal office which has been dealing with the case.
2. The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.
3. If the application is not made within the 28-day time limit, such application 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 application for permission to appeal to proceed despite not being within the time limit.
4. The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers
5. Any application to stay the effect of the decision must be made at the same time as the application for permission to appeal.
Appealing against the County Court decision
1. A written application for permission must be made to the court at the Regional tribunal office which has been dealing with the case.
2. The date that the judgment is sent to the parties is the hand-down date.
3. From the date when the judgment is sent to the parties (the hand-down date), the consideration of any application for permission to appeal is hereby adjourned for 28 days.
4. The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.
5. The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers.
6. If an application is made for permission to appeal and that application is refused, and a party wants to pursue an appeal, then the time to do so will be extended and that party must file an Appellant’s Notice at the appropriate County Court (not Tribunal) office within 14 days after the date the refusal of permission decision is sent to the parties.
7. Any application to stay the effect of the order must be made at the same time as the application for permission to appeal.
Appealing against the decisions of the tribunal and the County Court
In this case, both the above routes should be followed.
DECISION
ANNEX - RIGHTS OF APPEAL
Appealing against the tribunal’s decisions
Appealing against the County Court decision
In this case, both the above routes should be followed.
Tribunal reference : CAM/42UD/LSC/2021/0025 Court claim number : G3QZ2EOA Property : 39A and 39B [ADDRESS], [POSTCODE] Applicant/Claimant : [redacted] : Mr [COUNSEL] [NAME] Respondent/Defendant: [redacted] : [NAME] Tribunal members : Judge Dutton Mrs A [NAME] MA MRICS In the county court : Judge Dutton, with Mrs [NAME] as assessor Date of decision : 19 November 2021
DECISION
ANNEX - RIGHTS OF APPEAL
Appealing against the tribunal’s decisions
Appealing against the County Court decision
In this case, both the above routes should be followed.
📊 How courts decide similar cases
Among 9 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tenant Successfully Recovers Service Charges and Legal Costs from Landlord
- First-tier Tribunal (Property Chamber) Tenant Ordered to Pay Administration Charges and Legal Costs Under Lease
- First-tier Tribunal (Property Chamber) Tenant Ordered to Pay £6,330.45 in Service Charges
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules on Service Charge Demands
- First-tier Tribunal (Property Chamber) Legal Costs Incurred Against One Tenant Cannot Be Recovered From Others Via…
- First-tier Tribunal (Property Chamber) Service Charges Found Reasonable by First-tier Tribunal
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The proceedings before the Tribunal are stayed for one month after 30 April 2022.
- If no application is made to the Tribunal within the stay period, the claim may be struck out.
❌ Tends to be rejected
- There were no specific arguments or factors presented that the court rejected in this decision.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal stayed the proceedings for one month after 30 April 2022, pending further application.
Who was involved?
The claimant and the respondent were involved in the proceedings.
How did the court decide, and why?
The court decided to pause the proceedings temporarily to give the parties time to make further applications.
Which laws or rules were applied?
Rule 9 of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 was applied.
What was the argument that mattered most?
The argument that mattered most was the need to allow time for further applications to be made.
Was the decision for or against the person who brought the case?
The decision was neither for nor against the person who brought the case, but rather a procedural pause.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they make any necessary applications within the given timeframe to avoid having their claim struck out.
What evidence or documents mattered?
No specific evidence or documents are mentioned as being critical to the decision.
Can a decision like this be appealed?
Yes, a decision like this can be appealed within the specified time frame.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for cases like this.
