39A and 39B Berners Street, Ipswich, IP1 3LT CAM/42UD/LSC/2021/0025
DECISION
This decision takes effect and is ‘handed down’ from the date it is sent to the parties by the tribunal office: Summary of the decisions made by the Tribunal[1]The proceedings before the Tribunal are stayed for a period of one month after 30 April 2022 on the terms of the Order made in the County Court at Norwich in claim G3QZ2EOA as annexed hereto.[2]If no application is made to the Tribunal before the expiration of the one month period, commencing on 30 April 2022, the Tribunal will consider striking out the claim under the provisions set out in rule 9 of the Tribunal Procedure (Firsttier Tribunal)(Property Chamber) Rules 2013 Name: Judge Dutton Date: 19 November 2021 ANNEX - RIGHTS OF APPEAL Appealing against the tribunal’s decisions[1]A written application for permission must be made to the First-tier Tribunal at the Regional tribunal office which has been dealing with the case.[2]The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.[3]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.[4]The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers[5]Any application to stay the effect of the decision must be made at the same time as the application for permission to appeal. Appealing against the County Court decision[1]A written application for permission must be made to the court at the Regional tribunal office which has been dealing with the case.[2]The date that the judgment is sent to the parties is the hand-down date.[3]From the date when the judgment is sent to the parties (the hand-down date), the consideration of any application for permission to appeal is hereby adjourned for 28 days.[4]The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.[5]The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers.[6]If an application is made for permission to appeal and that application is refused, and a party wants to pursue an appeal, then the time to do so will be extended and that party must file an Appellant’s Notice at the appropriate County Court (not Tribunal) office within 14 days after the date the refusal of permission decision is sent to the parties.[7]Any application to stay the effect of the order must be made at the same time as the application for permission to appeal. Appealing against the decisions of the tribunal and the County Court In this case, both the above routes should be followed. FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) & IN THE COUNTY COURT at Norwich, sitting at 10 Alfred Place, London WC1E 7LR Tribunal reference : CAM/42UD/LSC/2021/0025 Court claim number : G3QZ2EOA Property : 39A and 39B Berners Street, Ipswich, IP1 3LT Applicant/Claimant : Witnesham Ventures Limited Representative : Mr David Marsh Respondent/Defendant : Mr M Hussain (1) and Mrs S F Hussain Representative : Mr Hussain Tribunal members : Judge Dutton Mrs A Flynn MA MRICS In the county court : Judge Dutton, with Mrs Flynn as assessor Date of decision : 19 November 2021 DECISION This decision takes effect and is ‘handed down’ from the date it is sent to the parties by the tribunal office: Summary of the decisions made by the Tribunal[1]The proceedings before the Tribunal are stayed for a period of one month after 30 April 2022 on the terms of the Order made in the County Court at Norwich in claim G3QZ2EOA as annexed hereto.[2]If no application is made to the Tribunal before the expiration of the one month period, commencing on 30 April 2022, the Tribunal will consider striking out the claim under the provisions set out in rule 9 of the Tribunal Procedure (Firsttier Tribunal)(Property Chamber) Rules 2013 Name: Judge Dutton Date: 19 November 2021 ANNEX - RIGHTS OF APPEAL Appealing against the tribunal’s decisions[1]A written application for permission must be made to the First-tier Tribunal at the Regional tribunal office which has been dealing with the case.[2]The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.[3]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.[4]The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers[5]Any application to stay the effect of the decision must be made at the same time as the application for permission to appeal. Appealing against the County Court decision[1]A written application for permission must be made to the court at the Regional tribunal office which has been dealing with the case.[2]The date that the judgment is sent to the parties is the hand-down date.[3]From the date when the judgment is sent to the parties (the hand-down date), the consideration of any application for permission to appeal is hereby adjourned for 28 days.[4]The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.[5]The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers.[6]If an application is made for permission to appeal and that application is refused, and a party wants to pursue an appeal, then the time to do so will be extended and that party must file an Appellant’s Notice at the appropriate County Court (not Tribunal) office within 14 days after the date the refusal of permission decision is sent to the parties.[7]Any application to stay the effect of the order must be made at the same time as the application for permission to appeal. Appealing against the decisions of the tribunal and the County Court In this case, both the above routes should be followed. FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) & IN THE COUNTY COURT at Norwich, sitting at 10 Alfred Place, London WC1E 7LR Tribunal reference : CAM/42UD/LSC/2021/0025 Court claim number : G3QZ2EOA Property : 39A and 39B Berners Street, Ipswich, IP1 3LT Applicant/Claimant : Witnesham Ventures Limited Representative : Mr David Marsh Respondent/Defendant : Mr M Hussain (1) and Mrs S F Hussain Representative : Mr Hussain Tribunal members : Judge Dutton Mrs A Flynn MA MRICS In the county court : Judge Dutton, with Mrs Flynn as assessor Date of decision : 19 November 2021 DECISION This decision takes effect and is ‘handed down’ from the date it is sent to the parties by the tribunal office: Summary of the decisions made by the Tribunal[1]The proceedings before the Tribunal are stayed for a period of one month after 30 April 2022 on the terms of the Order made in the County Court at Norwich in claim G3QZ2EOA as annexed hereto.[2]If no application is made to the Tribunal before the expiration of the one month period, commencing on 30 April 2022, the Tribunal will consider striking out the claim under the provisions set out in rule 9 of the Tribunal Procedure (Firsttier Tribunal)(Property Chamber) Rules 2013 Name: Judge Dutton Date: 19 November 2021 ANNEX - RIGHTS OF APPEAL Appealing against the tribunal’s decisions[1]A written application for permission must be made to the First-tier Tribunal at the Regional tribunal office which has been dealing with the case.[2]The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.[3]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.[4]The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers[5]Any application to stay the effect of the decision must be made at the same time as the application for permission to appeal. Appealing against the County Court decision[1]A written application for permission must be made to the court at the Regional tribunal office which has been dealing with the case.[2]The date that the judgment is sent to the parties is the hand-down date.[3]From the date when the judgment is sent to the parties (the hand-down date), the consideration of any application for permission to appeal is hereby adjourned for 28 days.[4]The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.[5]The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers.[6]If an application is made for permission to appeal and that application is refused, and a party wants to pursue an appeal, then the time to do so will be extended and that party must file an Appellant’s Notice at the appropriate County Court (not Tribunal) office within 14 days after the date the refusal of permission decision is sent to the parties.[7]Any application to stay the effect of the order must be made at the same time as the application for permission to appeal. Appealing against the decisions of the tribunal and the County Court In this case, both the above routes should be followed.