Appealing a Rent Repayment Order
If a local authority or tenant applies to the First-tier Tribunal for a rent repayment order, landlords and agents have the right to make representations to either fully or partially defend the application. This is a critical opportunity to present evidence and arguments to challenge or mitigate the claim.
Should the First-tier Tribunal issue a rent repayment order, landlords can appeal the decision to the Upper Tribunal (Lands Chamber). Appeals must typically be lodged within 21 days of the First-tier Tribunal’s decision. Acting promptly is essential to avoid missing this deadline and jeopardising your ability to challenge the order.
Grounds for Appeal Against a Rent Repayment Order
Landlords may have several valid grounds for appeal, including but not limited to:
- The Respondent is Not the Applicant’s Immediate Landlord: Following the precedent set in Rakusen v Jepson [2021], rent repayment orders can only be made against a landlord who is the applicant’s immediate landlord. This is particularly relevant in cases involving subletting arrangements.
- Procedural Errors: If the First-tier Tribunal failed to follow correct procedures, the decision may be challenged.
- Insufficient Evidence: If the evidence presented by the applicant does not substantiate the claims, this can be a basis for appeal.
- Unreasonable Order: The rent repayment amount may be appealed if it is deemed excessive or disproportionate.
The Appeals Process for Rent Repayment Orders
The process of appealing a rent repayment order involves several steps:
- Permission to Appeal: Before an appeal can proceed, permission must be granted by the First-tier Tribunal or, if refused, directly by the Upper Tribunal.
- Filing the Appeal: The appeal must be lodged within 21 days of the First-tier Tribunal’s decision. This includes submitting a detailed appeal application outlining the grounds for appeal and the errors in the original decision.
- Case Review: The Upper Tribunal will review the application and decide whether the appeal has merit based on the evidence and arguments presented.
- Hearing: In some cases, a hearing may be held where both parties present their arguments.
- Decision: The Upper Tribunal will either uphold, amend, or overturn the original rent repayment order based on the appeal.
How Landlord Advice UK Can Help
At Landlord Advice UK, we specialise in assisting landlords through every step of the rent repayment order process, from making representations to navigating appeals. Our expert team will:
- Evaluate your case and identify strong grounds for appeal.
- Provide tailored legal advice, including applying case law like Rakusen v Jepson.
- Prepare and submit the appeal application within the required timeframes.
- Represent you during the Upper Tribunal appeal process to ensure the best possible outcome.
Don’t risk missing crucial opportunities to defend or appeal a rent repayment order. Contact Landlord Advice UK today for expert advice and representation. Let us safeguard your interests and provide the professional support you need.
