Tenant's Invalid Notice Results in Struck Out Application

OUTCOME: Struck Out

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Case Ref:MAN/00BQ/OAF/2019/0001

FIRST-TIER TRIBUNAL PROPERTY CHAMBER

Applicants [RESPONDENT] & [NAME]

-v-

Respondent [COMPANY]

RE: 3 [ADDRESS] [POSTCODE]

Tribunal Procedure (First-tier) Tribunal (Property Chamber) Rules 2013 Rule 9(2)(a) ____________________________

ORDER ____________________________

The Tribunal strikes 0ut the Application dated 31 January 2019.

REASONS FOR THE ORDER An order dated 15 March 2019 was served on the Applicant advising that because the tenants’ notice of claim appeared to be invalid, the Tribunal did not consider that it had the jurisdiction to determine his application. The Tribunal accordingly invited representations from the Applicant as to the validity of the tenant’s notice.

Whilst the Tribunal has sympathy for the Applicant’s position, the obvious disappointment that this has caused him and the fact that he is struggling with the complexities of this matter, the Applicant has failed to address the question as to whether the tenant’s notice is valid or not. The Tribunal is independent of all parties and it is therefore unable to advise the Applicant as to the correct procedure to follow or the steps that he should take to remedy this. We would however strongly urge the Applicant to seek his own independent legal advice.

On the basis of the representations received and the information that we hold, we have no doubt that the notice is invalid and we therefore have no alternative but to strike out this application for a lack of jurisdiction.

Dated: 22 March 2019

[NAME]