O Twelve Baytree Limited, R (On the Application Of) v The Rent Assessment Panel

O Twelve Baytree Limited, R (On the Application Of) v The Rent Assessment Panel

Notice of withdrawal by an applicant under section 84(3) of the Commonhold and Leasehold Reform Act 2002 does not automatically terminate tribunal proceedings; tribunal consent is required for withdrawal to be effective, and the tribunal retains jurisdiction to dismiss the application or determine substantive issues.

Parties
Claimant: Twelve Baytree Limited; Defendant: The Rent Assessment Panel; Interested Party: Beckett House Brentwood RTM Company Limited; Interested Party: Estates & Management Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Right to Manage, Tribunal Procedure, Withdrawal of Applications, Costs in Tribunal Proceedings
Property Law Administrative Law Right to Manage Tribunal Procedure Withdrawal of Applications Costs in Tribunal Proceedings

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Parties

Twelve Baytree Limited

Claimant

The Rent Assessment Panel

Defendant

Beckett House Brentwood RTM Company Limited

Interested Party

Estates & Management Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Does notice of withdrawal by an applicant under section 84(3) of the Commonhold and Leasehold Reform Act 2002 automatically end tribunal proceedings or is tribunal consent required?
  2. 2 Does the tribunal retain jurisdiction after notice of withdrawal to determine the application or make consequential orders, including costs?

Ratio Decidendi

Notice of withdrawal by an applicant under section 84(3) of the Commonhold and Leasehold Reform Act 2002 does not automatically terminate tribunal proceedings; tribunal consent is required for withdrawal to be effective, and the tribunal retains jurisdiction to dismiss the application or determine substantive issues.

Court Disposition

Claim allowed

Orders

  • Declaration that tribunal retains jurisdiction after notice of withdrawal and must consent to withdrawal under section 84(3) of the Commonhold and Leasehold Reform Act 2002.
  • Tribunal erred in concluding it was functus officio upon receipt of withdrawal notice.