late application
📖 What is late application? Meaning and definition
In the context of UK tenancy law, particularly concerning appeals or reviews, a 'late application' is one submitted beyond the standard time limit, which is often 28 days. This usually applies to applications for permission to appeal a Tribunal's decision or for a review of matters like excessive rents. When an application is made late, the Tribunal will consider the reasons provided for the delay.
The Tribunal has the discretion to decide whether to allow the application to proceed, even though it missed the deadline. The party making the application must clearly identify the original Tribunal decision, including its date, the property involved, and the case number. They must also state the grounds for their appeal and the specific outcome they are seeking.
If the initial Tribunal refuses to grant permission for a late application to appeal, the applicant may have the option to make a further application for permission to the Upper Tribunal (Lands Chamber). This provides a potential route for review even if the first attempt is rejected due to lateness or other reasons.
📋 Requirements
- The application must identify the decision of the Tribunal it relates to (date, property, case number).
- The application must state the grounds of appeal.
- The application must state the result the party is seeking.
- Reasons must be provided for why the application was not submitted within the 28-day time limit.
📝 Procedure
- Submit the application for permission to appeal, even if outside the 28-day time limit.
- Provide reasons to the Tribunal explaining the delay.
- The Tribunal will review the reasons and decide whether to allow the application to proceed.
- If permission is refused by the Tribunal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).
💡 Examples
- A tenant submitted an application for permission to appeal a rent increase notice 35 days after the Tribunal's decision, explaining that they were hospitalised during the 28-day period.
- A landlord made a late application for a review of excessive rents, citing unforeseen personal circumstances that prevented them from acting within the deadline.
- A party sought to appeal a Tribunal's decision regarding a property dispute, but their application was received after the 28-day limit, requiring them to provide a justification for the delay.
- The Tribunal considered a late application for permission to appeal a decision concerning a specific rented property, examining the reasons given for the delay before deciding whether to proceed.
❓ Frequently asked questions
What is the usual time limit for making an application?
The usual time limit for making an application for permission to appeal or review a Tribunal's decision is 28 days.
What happens if I submit my application after the deadline?
If you submit your application after the deadline, it becomes a 'late application'. You must provide reasons to the Tribunal explaining why it was late, and they will decide whether to allow it to proceed.
What information must a late application include?
A late application must identify the Tribunal's decision (date, property, case number), state the grounds of appeal, and specify the result you are seeking.
Can a Tribunal reject a late application?
Yes, a Tribunal can reject a late application if they do not find the reasons for the delay sufficient to allow it to proceed.
What can I do if my late application for permission to appeal is refused?
If the Tribunal refuses to grant permission for your late application to appeal, you may be able to make a further application for permission to the Upper Tribunal (Lands Chamber).
Do I need a solicitor for a late application?
While you can represent yourself, the process of making a late application and providing compelling reasons can be complex. You may wish to consult a qualified solicitor for assistance.