Request to appeal an FTT decision

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Request to appeal an FTT decision

    Hello there

    I hope someone can help with answers to the following questions:

    1) Where one has legal grounds to appeal an FTT decision, is there a specific form or do you just write to the court providing grounds and requesting leave to appeal within the time limit?
    2) Is there a fee to pay?
    3) Do you have to be legally represented in an Upper Tribunal?

    On a different topic, I noticed I am now recorded in LLZ as a senior member. What are the criteria to become a senior member? Just interested.

    Thank you in anticipation of your responses.

    #2
    You need permission from the FTT in order to appeal against a decision and you should contact the FTT stating your grounds for appeal. The FTT will then either consent to or deny the appeal. There would be a fee payable to the Upper Tribunal, details of which would be sent to you if the appeal is allowed. You are not strictly required to have legal representation but the other side will almost certainly be represented by Counsel and normally it would be better to be represented.

    Comment


      #3
      The article in the link below describes how you can appeal FTT decisions, including a link to a form that can be used.
      http://www.flat-living.co.uk/advice/...-an-ftt-appeal


      'Senior Member' on forums like this (or similar 'titles') are usually based on nothing more than the number of posts that a member has made (but may also be linked to length of membership on some forums).

      Comment


        #4
        Dear all

        Thank you.

        Comment


          #5
          Clerical errors can be corrected by the FTT, so it is worth reading carefully the decision and checking that the figures have been adjusted correctly. Sometimes it will fail to amend a figure or calculate the adjustment incorrectly. In these cases, a simple request to the Tribunal will result in an amended decision being issued.

          Legal grounds for raising an appeal are more unusual now that a Judge usually chairs the hearing and the decision is checked centrally before it is issued, that is why it takes approximately 6 weeks for it to be issued. If there is an interesting point of law, the Tribunal will allow an appeal but it will refuse an appeal if it considers that there is no likely chance of success.

          Comment


            #6
            The Tribunal lists the legislation which it has considered when making its decision, so an appeal on legal grounds would need to be based on (1) an incorrect interpretation of the legislation which is unlikely if a Judge or legal expert was on the panel (2) other legislation which it has not considered or (3) specific case law which was not brought to its attention.

            Comment


              #7
              Thank you all for further helpful input.

              Comment

              Latest Activity

              Collapse

              • Not admitting or agreeing to service charge
                Landlordintraining
                Hi all,

                A very quick question,

                I want to pay my service charge and then take the freeholder to the FTT. Can someone give me some advice on what wording I should use in my email to the freeholder so as not to admit or to agree to the service charges?

                I was simply...
                23-10-2019, 16:08 PM
              • Reply to Not admitting or agreeing to service charge
                Macromia
                Copies of any letters, or emails, that you have which state that you disagree with charges can be used as evidence that payment wasn't an admission that the amounts demanded were payable/reasonable.

                The wording of anything sent at the time of payment isn't particularly important - as long...
                23-10-2019, 20:56 PM
              • Licence to Alter
                vmart
                Should the leaseholder be given the original signed copy of a Licence to Alter (LTA)? Our landlord created a deed (LTA) to provide us with permission for work we are planning but we were given a photo copy of the completed document but think we should retain the original.

                Thank you.
                21-10-2019, 09:48 AM
              • Reply to Licence to Alter
                vmart
                Dear Leaseholder 64

                Thank you. Yes, but if all parties sign two copies at the same time during a meeting and exchange copies then I assume there is nothing else that needs to be done....
                23-10-2019, 18:28 PM
              • Reply to Not admitting or agreeing to service charge
                AndrewDod
                Indeed but that may not apply to administration charges. I can't see any disadvantage to payment under protest anyway.

                I suppose also that if the tenant is not wishing to pay because he has not been served properly or with statements of rights etc, payment might be taken as indicating that...
                23-10-2019, 16:42 PM
              • Reply to Not admitting or agreeing to service charge
                AndrewDod
                "... nor should my payment be construed in any way as constituting my agreement that the charges levied are correctly calculated according to the lease."

                You are not admitting or otherwise to anything

                You could mention that you plan to take the matter to FTT. Make...
                23-10-2019, 16:41 PM
              • Reply to Not admitting or agreeing to service charge
                leaseholder64
                Nothing should be necessary as the legislation says that paying does not constitute an admission that it was payable.
                23-10-2019, 16:39 PM
              • Action against surveyors handling s20 works
                amorgan
                Hi, we appointed surveyors to handle the s20 process for the Major Works that were needed to an estate we manage (purchased through RFR). We appointed them in December 2017. After lots of errors, oversights and unnecessary additions on their part we finally managed to get the scope of works agreed in...
                23-10-2019, 10:46 AM
              • Reply to Action against surveyors handling s20 works
                eagle2
                Any complaints should be referred initially to the surveyors. If you are unable to agree a course of action, they should have a dispute resolution service to which you can refer the complaint. Any tenders which were submitted in June 2018 are unlikely to apply today.

                Many management companies...
                23-10-2019, 11:10 AM
              • S.20 works and difficult leaseholder
                Emilycarter
                Good morning
                How much detail around a quote is needed to be give to Leaseholders in an s.20 situation? I am a joint freeholder of a converted building with 5 flats. We have some h&s works to be carried out in communal area and are going through the s.20 process, via Managing Agent. Two leaseholders...
                22-10-2019, 15:51 PM
              Working...
              X