24 Nevilledale Terrace, Durham, County Durham, DH1 4QG MAN/00EJ/HMK/2018/0010
[1]By 27 September 2018 the tenant must send three copies of a bundle of relevant documents for use at the hearing to the tribunal and one copy to the respondent.[2]The bundle must be in a file, indexed and numbered page-by-page, and it must include:(i) Full details of the alleged offence, with supporting documentation from the Local Housing Authority, if available (Note: the tribunal will need to be satisfied beyond reasonable doubt that an offence has been committed)(ii) A copy of the tenancy agreement(s)(iii) A calculation on a weekly/monthly basis of the amount of rent paid in the applicable period (see above), excluding any universal credit/ housing benefit(iv) Any expanded statement of the reasons for the application, with a response to the respondent’s case(v) The name(s) of any witnesses who will give evidence at any hearing, with a signed and dated statement/ summary of their evidence, stating that it is true (and see Notes below)(vi) Any other documents to be relied upon at the hearing How the Respondent should prepare for the hearing[3]The respondent is urged to seek independent legal advice.[4]By 25th October 2018 the respondent must send three copies of a bundle of documents for use at the hearing to the tribunal and one copy to the applicants.[5]The bundle must be in a file, indexed and numbered page-by-page, and it must include:(i) A full statement of reasons for opposing the application, including any defence to the alleged offence and response to any grounds advanced by the applicant, and dealing with the issues identified above(ii) A copy of the tenancy agreement(s)(iii) Evidence of the amount of rent received in the period (less any universal credit/ housing benefit paid to any person), with details of the occupancy by the tenant on a weekly/ monthly basis(iv) A copy of all correspondence relating to any application for a licence and any licence that has now been granted.(v) The name(s) of any witnesses who will give evidence at any hearing, with a signed and dated statement/ summary of their evidence, stating that it is true (and see Notes below)(vi) A statement as to any circumstances that could justify a reduction in the maximum amount of any rent repayment order (see above)(vii) Evidence of any outgoings, such as utility bills, paid by the landlord for the let property(viii) Any other documents to be relied upon at the hearing. Hearing/inspection arrangements[1]The Tribunal considers it appropriate for the matter to be determined by way of a paper determination. However, if you require an opportunity to make oral representations before the Tribunal please indicate in writing within 21 days from the date of these directions. (This is without prejudice to the right of any party to seek an oral hearing at any time before the Tribunal makes a determination).[2]The Tribunal will use the bundles sent by the parties and also its own copies of the application with accompanying documents, these directions and any subsequent directions. Name: Judge J Holbrook Date: 30 August 2018 NOTES(a) Whenever you send a letter or email to the tribunal you must also send a copy to the other parties and note this on the letter or email.(b) If the applicant fails to comply with these directions the tribunal may strike out all or part of their case pursuant to rule 9(3)(a) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (“the 2013 Rules”).(c) If the respondent fails to comply with these directions the tribunal may bar them from taking any further part in all or part of these proceedings and may determine all issues against it pursuant to rules 9(7) and (8) of the 2013 Rules.(d) Witness statements should identify the name and reference number of the case, have numbered paragraphs and end with a statement of truth and the signature of the witness. Original witness statements should be brought to the hearing. In addition, witnesses are expected to attend the hearing to be questioned about their evidence, unless their statement has been agreed by the other party. The tribunal may decline to hear evidence from any witness who has not provided a statement in accordance with the above directions. FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : MAN/00EJ/HMK/2018/0010 Property : 24 Nevilledale Terrace, Durham, DH1 4QG Applicants : Mr James Brader Mr Sam Clague Mr Luke Rose Mr Magnus Burgess-Smith Mr Thomas Oliver Mr Zak Baydur C/o Richard Brader Respondent Representative : : Mrs Gabrielle Moore N/A Type of Application : Application for Rent Repayment Orders under Section 41 Housing and Planning Act 2016 (the “Act”) Tribunal Members : Tribunal Judge Brown Mr I R Harris, MBE FRICS Date of Decision : 29 January 2019 _____________________________________________________ CORRECTION CERTIFICATE ____________________________________________________ © CROWN COPYRIGHT 2019 This is a certificate under the powers conferred on the Chairman of the Tribunal by Rule 50 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 to correct clerical or accidental errors that have been discovered in the above-mentioned Decision. The corrections to be made are: Paragraph 40, line 4 reads “We determine no rent repayment is appropriate before December 2017” This should read “We determine no rent repayment is appropriate before October 2017”. Tribunal Judge Brown Date: 10 June 2019 --- decision_2.pdf --- FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : MAN/00EJ/HMK/2018/0010 Property : 24 Nevilledale Terrace, Durham, DH1 4QG Applicants : Mr James Brader Mr Sam Clague Mr Luke Rose Mr Magnus Burgess-Smith Mr Thomas Oliver Mr Zak Baydur C/o Richard Brader Respondent Representative : : Mrs Gabrielle Moore N/A Type of Application : Application for Rent