Automated Summary
Key Facts
The Tribunal struck out the appeal on 8 December 2022 because the Respondent, London Borough of Southwark, withdrew the financial penalty on 6 September 2022. The Tribunal ordered the Respondent to pay the Applicant, Mr. Mohammed Karim, £100 within 28 days for reimbursement of the tribunal fees paid.
Issues
- The Tribunal ordered the Respondent to reimburse the Applicant £100 in tribunal fees, as the Applicant secured a successful outcome and the Respondent had withdrawn the penalty.
- The Tribunal determined that it had no jurisdiction to hear the appeal after the Respondent withdrew the financial penalty, as the appeal had become moot. The appeal was struck out under Rule 9(2).
Holdings
- The Tribunal struck out the application under rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013. The Respondent had withdrawn the Financial Penalty, so the Tribunal had no further jurisdiction in the matter.
- The Tribunal ordered the Respondent to pay the Applicant £100 within 28 days for reimbursement of the tribunal fees paid by the Applicant, as the Applicant secured a successful outcome and the Respondent had withdrawn the penalty.
Remedies
The Tribunal ordered the Respondent to pay £100 to the Applicant for reimbursement of tribunal fees, as the Respondent withdrew the financial penalty and the Applicant secured a successful outcome.
Monetary Damages
100.00
Legal Principles
The Tribunal applied Rule 13(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 to order the Respondent to pay the Applicant £100 for reimbursement of tribunal fees. This was because the Applicant secured a successful outcome when the Respondent withdrew the Financial Penalty, triggering the reimbursement requirement under the rule.
Precedent Name
Willow Court Management Company v Alexander
Cited Statute
- Housing Act 2004, Section 249A
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, Rule 13(2)
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, Rule 13(1)(b)
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, Rule 36(2)
Judge Name
Robert Latham
Passage Text
- 1. The Tribunal strikes out this application pursuant to rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013. This is an appeal against a Financial Penalty imposed by the Respondent. The Respondent has withdrawn the Financial Penalty. The Tribunal therefore has no further jurisdiction in this matter.
- 21. Rule 13(2) permits this Tribunal to make an order requiring a party to reimburse to any other party any tribunal fees that have been paid. The Applicant has paid tribunal fees of £100. The Respondent has withdrawn the Financial Penalty. The Applicant has therefore secured a successful outcome and is entitled to a reimbursement of the fees that he has paid.
- 2. The tribunal determines that the Respondent shall pay the Applicant £100 within 28 days of this Decision, in respect of the reimbursement of the tribunal fees paid by the Applicant.