Seng Keong Teoh & Ors v Irene Patsovska

Seng Keong Teoh & Ors v Irene Patsovska

The FTT's failure to notify the landlords of the proceedings and hearing, and its reliance on the managing agent as representative without proper nomination, was a serious procedural irregularity that rendered the proceedings unfair. This constituted an error of law, requiring the FTT's decision to be set aside and the matter remitted for redetermination.

Parties
Appellant: Seng Keong Teoh; Appellant: Wun Tan; Appellant: Belamy Teoh; Respondent: Irene Patsovska
Jurisdiction
England and Wales
Judgment Date
18 July 2025
Procedural Posture
Landlord and Tenant Appeal / Appeal From First Tier Tribunal to Upper Tribunal (lands Chamber)
Outcome
Appeal allowed; FTT decision set aside; matter remitted for redetermination.
Legal Topics
Rent Determination, Procedural Fairness, Notice Requirements, Representation Before Tribunal
Landlord and Tenant Tribunal Procedure Rent Determination Procedural Fairness Notice Requirements Representation Before Tribunal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Seng Keong Teoh

Appellant

Wun Tan

Appellant

Belamy Teoh

Appellant

Irene Patsovska

Respondent

Procedural Posture

Landlord and Tenant Appeal / Appeal From First Tier Tribunal to Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether the FTT's failure to notify the landlords of the proceedings and hearing rendered the process procedurally unfair and irregular
  2. 2 Whether the managing agent could be treated as the landlords' representative without proper nomination under the Rules
  3. 3 Whether the FTT's decision should be set aside due to procedural irregularity

Ratio Decidendi

The FTT's failure to notify the landlords of the proceedings and hearing, and its reliance on the managing agent as representative without proper nomination, was a serious procedural irregularity that rendered the proceedings unfair. This constituted an error of law, requiring the FTT's decision to be set aside and the matter remitted for redetermination.

Court Disposition

Appeal allowed; FTT decision set aside; matter remitted for redetermination.

Orders

  • The FTT's decision of 14 November 2024 is set aside.
  • The matter is remitted to the FTT for redetermination of the rent payable under the assured tenancy.