Tenant Wins Permission to Appeal Due to Incorrect Information Used in Original Decision

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : KA/LON/00AL/MNR/2022/0072 Property : 3 [ADDRESS] [POSTCODE] Applicant : [redacted] : In person and with Mr [COUNSEL] Respondent : [redacted] : The respondent did not appear and was not represented at the hearing but made written representations Type of application : Application for permission to appeal Tribunal member(s) :

[NAME] [NAME] : 10 [ADDRESS] [POSTCODE] Date of decision : 28 December 2022

DECISION

DECISION OF THE TRIBUNAL 1. The tribunal has considered the respondent’s request for permission to appeal dated 17 October 2022 and, having reviewed its decision and being satisfied that a ground of appeal has a realistic prospect of success, it hereby SETS ASIDE the decision of 14 October 2022 under section 9(4) and (5) of the Tribunals, Courts and Enforcement Act 2007, and re-decides the matter.

2

REASONS FOR THE

DECISION The test for whether to grant permission to appeal is whether there is a realistic prospect of success.

2. In the present case, the tribunal considered that the following ground of appeal had a realistic prospect of success, as set out at Paragraph 2 of the Decision to Carry out a Review dated 18 November 2022. This stated: “The reason for the above decision is that the tribunal having further reviewed the evidence submitted considers that it was of the mistaken view that the comparable with the file name “London – 3 Bed Terraced House, [ADDRESS], SE12 – To Rent Now for £1550.00” and which bears a date “15/05/2022” was a recent rental comparable. It now appears that this was not the case. The tribunal’s original decision may therefore be based on incorrect information.” 3. The Decision to Carry out a Review invited the applicant to respond to the application for permission to appeal and for both parties to comment on fuller comparable information supplied by the tribunal in relation to comparables relied upon by the parties. The applicant responded out of time, but the Tribunal has had regard to her comments. The applicant commented that the Tribunal had not referred to her comparable evidence in the Decision to Carry Out a Review. In fact, the Tribunal had fully considered the Applicants evidence and has taken it into account in the re-made decision which is appended. The respondent did not respond to the Decision of 18 November 2022.

4. The re-made decision is attached.

5. The re-made decision attracts fresh rights of appeal, in the same way as the original decision. This means that either party may make a request to this tribunal for permission to appeal against the re-made decision; and such a request must be received by the tribunal within 28 days of the date it is sent to the parties.

Name: Mr [NAME]: 28 December 2022

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AL/MNR/2022/0072

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were 3 [ADDRESS], [POSTCODE]

Mr C [NAME] Mr [RESPONDENT] N [NAME]

Landlord [NAME] 125 [ADDRESS], [POSTCODE]

Tenant [NAME] [APPELLANT]

1. The rent is: £ 1550 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 May 2022

*3. The amount included for services is not applicable not applicable Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 1 January 2020

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs landlord

8. Furniture provided by landlord or superior landlord 3 beds

9. Description of premises Mid terraced house dating from 1920s. Brick under pitched roofs comprising living room, kitchen, shower room, WC, 3 bedrooms, rear garden with outbuilding. Front driveway. Gas central heating. UPVC windows and doors.

[NAME] of Decision 28 December 2022