127 Halling Hill, Harlow, Essex, CM20 3JW CAM/22UJ/HNA/2025/0606
DECISION
[1]By formal Notice from the Tribunal dated 21 July 2025, the Tribunal indicated that it considered it had no jurisdiction in respect of your application and invited representations from both parties.[2]The Tribunal received a response from the Applicant dated 6 August 2025 but did not receive a response from the Respondent. The Applicant confirmed that the financial penalty had been withdrawn and asked that the Tribunal order that the £110 application fee she had paid to the Tribunal be reimbursed to her by the Respondent. 2[3]For the reasons set out in the formal Notice and here, the application is struck out on grounds that the Tribunal does not have jurisdiction in respect of it. Payment of Tribunal Fee[4]The Tribunal orders that the Respondent pay the Applicant £110 in respect of the application fee that the Applicant paid to the Tribunal. This order is made because the Applicant had to pay the application fee to the Tribunal before the Respondent withdrew the financial penalty.[5]The Respondent must make this payment within 28 days from the date of this order.[6]This order is made under Rule 13(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013. Financial Redress for Damage and Distress Caused[7]The Applicant also applied for £34,000 financial redress for damage and distress caused. This is made up of lost rent, utility bills, boiler and parts, travel and petrol and £1,800 for admin/appeal time and labour.[8]The Tribunal’s power to make an order for costs is contained within Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.[9]The Tribunal does not make an order for costs. This is because before an order can be made, the Tribunal must be satisfied that there has been unreasonable conduct. The Respondent issued a financial penalty, however, took the decision to withdraw the financial penalty notice and notified the Tribunal of this promptly. The Tribunal therefore does not find that the Respondent’s conduct amounts to unreasonable behaviour within the context of the Tribunal’s costs powers.[10]With that said. the Tribunal notes that the Respondent has upheld the stage one complaint made to them by the Applicant and has offered an apology. The Tribunal further notes that the Applicant has submitted a stage two complaint to the Respondent and therefore this complaint will need to be considered by the Respondent under their complaints process. Name: Judge Bernadette MacQueen Date: 2 September 2025 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 application for permission must be made to the Firsttier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. 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. The application 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 making the application is seeking. If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).