Gables, Pembroke Road, Woking, Surrey, GU22 7DY CHI/43UM/HNA/2024/0014

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/43UM/HNA/2024/0014
Deoranee BoodiaApplicantWoking Borough CouncilRespondent
Judge J DobsonMr P Cliffe- Roberts FRICSMs T WongRespondent : Woking Borough Council Representative : Ms Amanda Francis for the ApplicantMs Amanda Francis for the RespondentDate 30 April 2025Hearing 2025-04-23Property: Gables, Pembroke Road, Woking, Surrey, GU22 7DYType of application: Appeal against a financial penalty - Section 249A & Schedule 13A to the Housing Act 2004

DECISION

[129]The Tribunal returns to the fact that the decision to be made is not specifically one in relation to relief from sanction as such. Rather, the 20 decision is about when time ran and expired and also, as the Tribunal has dealt with matters, whether to extent time for the making of an application to the Tribunal by each of the Applicants pursuant to rule 6(3).[130]The Tribunal finds that time to apply had expired.[131]The Tribunal applies the above findings and conclusions and determines that it is not appropriate to exercise discretion to extend time. The Tribunal refuses to exercise case management powers pursuant to rule 6 of the Rules to extend the time for complying with rule 27.[132]The Applicant may not pursue her application out of time.[133]There is therefore no appeal which the Tribunal is able to consider. The Tribunal has the jurisdiction specifically granted to it and no jurisdiction otherwise. There is no jurisdiction here. It necessarily follows that is the end of the appeal, which is dismissed.[134]The Applicant shall bear the fees for the application to the Tribunal, there being no basis for any other outcome of that. RIGHTS OF APPEAL[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to rpsouthern@justice.gov.uk to the First-tier Tribunal at the Regional office which has been dealing with the case.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.