Sean Jevan v Iris Athansiadi & Anor

Sean Jevan v Iris Athansiadi & Anor

Proceedings in the FTT are commenced by the unilateral act of sending or delivering a notice of application, regardless of whether the fee is paid at the same time. The statutory time limit under section 41(2) Housing and Planning Act 2016 is satisfied if the application is lodged within the period, even if the fee is paid later, provided the fee is paid within the time allowed by the FTT's rules and practice.

Parties
Appellant: Sean Jevan; Respondent: Iris Athansiadi; Respondent: Sam Ingversen
Jurisdiction
England and Wales
Judgment Date
13 November 2024
Procedural Posture
Appeal / Upper Tribunal (lands Chamber) Appeal From First Tier Tribunal (property Chamber)
Outcome
Appeal dismissed
Legal Topics
Rent Repayment Orders, Tribunal Fees, Limitation Periods, Commencement of Proceedings
Landlord and Tenant Tribunal Procedure Rent Repayment Orders Tribunal Fees Limitation Periods Commencement of Proceedings

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Parties

Sean Jevan

Appellant

Iris Athansiadi

Respondent

Sam Ingversen

Respondent

Procedural Posture

Appeal / Upper Tribunal (lands Chamber) Appeal From First Tier Tribunal (property Chamber)

Legal Issues

  1. 1 Whether an application for a rent repayment order is made within time if the tribunal fee is paid after the application is lodged
  2. 2 Interpretation of 'date the application was made' under section 41(2) Housing and Planning Act 2016

Ratio Decidendi

Proceedings in the FTT are commenced by the unilateral act of sending or delivering a notice of application, regardless of whether the fee is paid at the same time. The statutory time limit under section 41(2) Housing and Planning Act 2016 is satisfied if the application is lodged within the period, even if the fee is paid later, provided the fee is paid within the time allowed by the FTT's rules and practice.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The First-tier Tribunal's decision stands.