Key Facts
- •Appeal against a First-tier Tribunal (Property Chamber) decision concerning a rent repayment order.
- •Application for rent repayment order lodged online without immediate fee payment.
- •Issue: Whether the application was made within the 12-month time limit stipulated in section 41(2) of the Housing and Planning Act 2016.
- •Fee paid two weeks after online application submission.
- •Relevant legislation: Housing and Planning Act 2016, section 41(2); Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rules 3, 8, 11, and 26.
Legal Principles
Commencement of tribunal proceedings doesn't necessitate immediate fee payment; a litigant must do all within their power to initiate proceedings according to established procedure.
Aly v Aly [1984] 1 WLUK 936; Page v Hewetts Solicitors [2012] EWCA Civ 805
FTT Rules cannot alter statutory meaning or extend time limits, but relevant rules inform interpretation of the statute's requirements for making an application.
Page v Hewetts Solicitors [2012] EWCA Civ 805; Salehabady v Eyre Estates [2017] UKUT 60 (LC)
Under FTT Rule 26, proceedings start with the submission of a notice of application; the fee is a separate requirement.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 26
FTT Rule 8 treats non-compliance with rules as an irregularity, not a fatal flaw, allowing for flexibility in dealing with procedural issues.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 8
FTT Rule 11 addresses non-payment of fees; it does not invalidate already commenced proceedings but provides mechanisms for dealing with non-payment.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 11
FTT's overriding objective (Rule 3) emphasizes fairness and justice, encouraging flexibility and avoiding unnecessary formality.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 3
Outcomes
Appeal dismissed.
The Upper Tribunal held that lodging the application online started the proceedings, irrespective of the delayed fee payment. This interpretation aligns with the FTT Rules' emphasis on flexibility, the treatment of non-compliance as an irregularity, and the FTT's inherent power to manage its proceedings.