Tenant Appeal Dismissed Due to Non-Attendance at Hearing

OUTCOME: Dismissed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BK/HIN/2018/0011 Property : 39B, [ADDRESS] [POSTCODE] Applicant : [redacted] : In person Respondent : [redacted] : Mr [COUNSEL] [NAME] with the Council Type of [NAME] : Appeal in respect of an Improvement Notice: Sections 11 and/or 12 and paragraphs 10-12 of Schedule 1 to the Housing Act 2004. Tribunal : Tribunal Judge [NAME] MA FCIEH Date and venue : 7th September 2018 at 10 [ADDRESS] [POSTCODE]

DECISION

As a result of the non-attendance of the Applicant at the hearing on 7th September 2018 the Tribunal dismisses the Appeal against an Improvement Notice issued by Westminster City Council dated 19th April 2018 under sections 11 and 12 of the Housing Act 2004 (the Act). The Tribunal finds that the demand for reasonable expenses in the sum of £228 is payable under the provisions of s49 of the Act.

2 BACKGROUND

1. The Applicant, [NAME] [APPELLANT] [NAME], made [NAME] to the Tribunal seeking to challenge the issue of an Improvement Notice by the [NAME] (the Council) dated 19th April 2018. The Improvement Notice followed a Hazard Awareness Notice, which had been issued by the Council dated 23rd February 2018. This Notice had been ignored by the Applicant.

2. The Improvement Notice referred to two Category One Hazards and some additional Category Two Hazards, one of which related to the mezzanine level, which was used for sleeping.

3. The Applicant had submitted a statement of case in which she asked us to make an award against the resident tenant, [APPELLANT], in respect of the alleged rent arrears said to be over £28,000, or 24 months worth. This is not within our jurisdiction, although we do express extreme surprise that the Applicant has allowed this level of arrears to accrue.

4. The matter was listed for hearing on 7th September 2018 and we are satisfied that the Applicant was aware of this date. Indeed she had indicated she would be attending. The case worker attempted to contact her on three occasions but her phone went to message each time. We waited until 10.30 in the hope that the Applicant would attend, but she did not.

5. Accordingly we considered that there being no contact from the Applicant to explain her non-attendance, and in the light of the attendance of Mr [NAME] for the Council, that the appropriate course of action was to dismiss the appeal.

6. At the hearing we did discuss with Mr [NAME] a possible way forward in respect of the mezzanine level. It is for the Applicant to contact the Council in this regard. Unless and until she does and can reach agreement with the Council the Improvement Notice remains in place in its entirety.

7. The suggestion which we put to Mr [NAME] and which he did not dismiss, is the possibility of lowering a section of the mezzanine level by 0.7 metre to give a head height of 2m immediately adjacent to the head of the stairs. This would seem to be feasible considering the photographs in the Council’s bundle. It will also have the benefit of shortening the length of the steep stairs which afford access to this level. However, this is only a suggestion and something that the Applicant will have to explore with the Council.

8. We also find that the fee of £288 is reasonable and is payable under the provisions of s49 of the Housing Act 2004. It should be settled within 28 days. Andrew Dutton Tribunal Judge Dutton

7th September 2018

3 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), 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).