Hasan Kazi V Bradford MDC
[2023] UKUT 128 (LC)
Ipolotas Naujokas v Fenland District Council
8 August 2023
[2023] UKUT 190 (LC)
Upper Tribunal
Mr. Naujokas didn't get important letters about fines. The first court threw out his case because it was late, but the second court said the first court should have first checked if he actually *got* the letters. Now the first court has to decide if he got them before deciding if his case was too late.
Key Facts
- •Mr. Ipolotas Naujokas appealed a decision of the First-tier Tribunal (Property Chamber) (FTT) which struck out his appeal against financial penalties imposed by Fenland District Council under section 249A, Housing Act 2004.
- •The penalties totaled £24,000 for unlicensed HMO and fire safety breaches.
- •Mr. Naujokas claimed he never received the final penalty notices, sent 21 May 2020.
- •His appeal was lodged 25 months after the notices were sent, exceeding the 28-day limit in rule 27(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.
- •The FTT struck out the appeal, finding Mr. Naujokas hadn't provided a good reason for the delay and the delay was an abuse of process.
- •Mr. Naujokas is from Lithuania and does not speak English; communication with him was difficult.
Legal Principles
Principles regarding relief from sanctions in civil courts (Denton v White) are generally applicable to tribunals, though not directly.
BPP Holdings Limited v Commissioner for Her Majesty’s Revenue and Customs [2017] UKSC 55; Denton v White [2014] EWCA Civ 906
The FTT has the power to extend time for compliance with procedural rules, even if the application is made after the deadline (rule 6(3)(a)).
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
Service of notices by local authorities is governed by section 233, Local Government Act 1972, and section 26, Interpretation Act 1889. Service is deemed effected upon proper posting unless the contrary is proved.
Section 233, Local Government Act 1972; Section 26, Interpretation Act 1889
Schedule 13A, Housing Act 2004, sets out the procedure for imposing financial penalties, including the requirement to 'give the person a notice' (final notice).
Schedule 13A, Housing Act 2004
The FTT's overriding objective is to deal with cases fairly and justly (rule 3).
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
Outcomes
Appeal allowed.
The FTT asked the wrong question, failing to determine the crucial fact of whether Mr. Naujokas received the final notices. The Judge's reliance on the absence of a witness statement was unfair given the tribunal's invitation for representations. The Judge also misconstrued a key email.
Decision of FTT set aside and remitted.
The case is sent back to the FTT for reconsideration, with a direction for Mr. Naujokas to provide evidence and potentially give oral testimony regarding non-receipt of the notices.