Anthony Gold

Get in touch

020 7940 4060

  • People
  • Insights
  • What to Expect
  • Contact Us
Anthony Gold
  • Services
    • Housing And Property Disputes
      • Property Disputes
      • Leasehold Services
      • Services For Commercial Landlords, Tenants And Agents
      • Services For Residential Landlords And Agents
      • Housing And Tenancy Issues
      • Judicial Review
      • COVID-19 Update
    • Injury And Medical Claims
      • Life Changing Injuries
      • Medical Claims
      • Personal Injury
      • Child Abuse
    • Family And Relationships
      • Starting Relationships
      • Ending Relationships
      • After Relationships End
      • Family Mediation
      • Religious & Cultural Issues
      • Family Law FAQs
      • COVID-19 Update
    • Conveyancing, Property & Business Services
      • Business Agreements
      • Business Disagreements
      • Commercial Property
      • Commercial Property Disputes
      • Leasehold Services
      • Residential Property
      • COVID-19 Update
    • Wills, Estates & Court Of Protection
      • Wills, Trusts And Estates
      • Claims Against Trusts And Estates
      • Capacity And Court Of Protection
      • COVID-19 Update
    • Dispute Resolution & Employment Law
      • Personal Claims
      • Professional Negligence
      • Claims Against Trusts And Estates
      • Employment
      • COVID-19 Update
    • People
    • Insights
    • What to Expect
    • Contact Us
  • Get in touch

    020 7940 4060

  • Housing and Property Disputes
  • Injury and Medical Claims
  • Family and Relationships
  • Conveyancing, Property & Business Services
  • Wills, Estates & Court of Protection
  • Dispute Resolution & Employment Law
  • Property disputes
  • Ownership disputes and shares in property
  • Challenging the decisions of councils and public bodies
  • Rights of way, boundaries, covenants and easements
  • Party wall disputes
  • Leasehold services
  • Lease extension
  • Collective enfranchisement
  • Service charge disputes
  • Repairs to leaseholds
  • Right to manage
  • Services for commercial landlords, tenants and agents
  • Breach of covenant
  • Forfeiture and recovery of possession
  • Dilapidations and failing to repair
  • Lease renewals
  • Services for residential landlords and agents
  • Regulatory issues
  • Repossession
  • Agents (including letting agreements)
  • Housing and tenancy issues
  • Repairs
  • Repossession and eviction
  • Rehousing and homelessness
  • Judicial review
  • COVID-19 Update
  • Existing Clients
  • New Clients
  • Life changing injuries
  • Brain injury
  • Spinal cord injury
  • Amputation
  • Psychiatric injury
  • Fatal injuries and inquests
  • Medical claims
  • Surgical claims
  • Non-Surgical Claims
  • Birth injury
  • Child health and paediatrics
  • GP and primary care treatment
  • Private healthcare
  • Personal injury
  • Road traffic accidents
  • Accidents abroad
  • Accidents at work
  • Faulty products
  • Public liability and other accidents
  • Child abuse
  • Child abuse
  • Starting relationships
  • Pre nuptial agreements
  • Pre civil partnership and same sex relationship agreements
  • Cohabitation and living together agreements
  • Property ownership agreements
  • Ending relationships
  • Divorce and separation
  • Ending a civil partnership
  • Ending cohabitation
  • Agreeing parenting
  • Agreeing finance and assets
  • International arrangements
  • After relationships end
  • Abduction and leave to remove children
  • Changing and challenging parenting agreements
  • Changing and challenging financial agreements
  • Grandparents’ rights
  • Family mediation
  • Family Mediation
  • Religious & cultural issues
  • Jewish family law
  • Islamic family law
  • Family Law FAQs
  • Children FAQs
  • Cohabitation Agreement FAQs
  • Divorce and Separation FAQs
  • Financial Issues FAQs
  • Pre-Marital Contracts FAQs
  • COVID-19 Update
  • Existing Clients
  • New Clients
  • Business agreements
  • Business advice
  • Employment
  • Mergers and acquisitions
  • Supplier contracts
  • Business disagreements
  • Building disputes
  • Civil and commercial mediation
  • Claims against directors
  • Contract disputes
  • Debt recovery
  • Directors personal liabilities
  • Employment
  • Professional negligence
  • Commercial property
  • Commercial Sale and Purchases
  • Commercial loans and mortgages
  • Property Investment: plot developers & plot buyers
  • Auction: sales and purchases
  • Commercial advice for landlords and tenants
  • Planning advice
  • Mortgage debentures and securities
  • Commercial property disputes
  • Breach of covenant
  • Dilapidations and failing to repair
  • Forfeiture and recovery of possession
  • Lease renewals
  • Leasehold services
  • Lease extension
  • Collective enfranchisement
  • Service charge disputes
  • Repairs to leaseholds
  • Right to manage
  • Residential property
  • Residential Sale and Purchases
  • Property Investment: plot developers & plot buyers
  • Remortgages
  • Auction: sales and purchases
  • Ownership matters and transfers
  • COVID-19 Update
  • Existing Clients
  • New Clients
  • Small Business Clients
  • Wills, trusts and estates
  • Making a will
  • Applying for probate
  • Distributing the estate
  • Arranging lasting power of attorney
  • Trust advice
  • Tax planning and advice
  • Claims against trusts and estates
  • Contesting a will
  • Losses caused by trustees
  • Capacity and court of protection
  • Appointing a deputy
  • Removing a deputy
  • Arranging lasting power of attorney
  • Gifts and legacies
  • Managing assets under a deputyship
  • Care issues
  • Removing lasting and enduring power of attorney
  • Special educational needs
  • Capacity and court of protection
  • COVID-19 Update
  • Existing Clients
  • New Clients
  • Personal claims
  • Debt recovery
  • Ownership disputes and shares in property
  • Civil and commercial mediation
  • Building disputes
  • Professional negligence
  • Professional Negligence
  • Property Fraud
  • Investment Fraud
  • Claims against trusts and estates
  • Contesting a will
  • Losses caused by trustees
  • Employment
  • Employment
  • Unfair or Wrongful Dismissal
  • Settlement Agreements
  • COVID-19 Update
  • Existing Clients
  • New Clients
Anthony Gold > Blog > Deadline to appeal against a financial penalty under the Housing and Planning Act 2016

Robin Stewart

robin.stewart@anthonygold.co.uk

Share
  • September 30, 2019
  • Blog
  • By  Robin Stewart 
  • 0 comments

Deadline to appeal against a financial penalty under the Housing and Planning Act 2016


The Upper Tribunal has confirmed in Pearson v City of Bradford Metropolitan District Council [2019] UKUT 291 (LC) that the deadline to appeal against a financial penalty under Schedule 13A of the Housing Act 2004 is 28 days, but the First-tier Tribunal has discretion to extend time where there is a good reason.

Mr Pearson had failed to bring his appeal within 28 days of the day the decision to impose a financial penalty was sent to him. He brought an appeal approximately a month and a half late, and he attributed the delay to being very busy over Christmas. The First-tier Tribunal considered that this was not a good reason for being late and they refused to allow his appeal to proceed. On appeal the Upper Tribunal endorsed the approach taken by the First-tier Tribunal, and Mr Pearson will not be able to appeal against the penalty.

Nothing in this case should come as a surprise to practitioners. The First-tier Tribunal Property Chamber procedures rules set a default deadline of 28 days to bring an appeal where no deadline is specified elsewhere. Where the 28-day deadline is imposed by virtue of rule 17, the tribunal has the power to extend time at its discretion under rule 6(3)(a).

If a landlord or agent wishes to bring an appeal after the usual deadline it will be important to provide evidence about the reason for the delay, including at the very least a clear explanation for the delay.

There may still be some circumstances where submitting a hopelessly late appeal would be a shrewd manoeuvre. Paragraph 10(2) of Schedule 13A to the Housing Act 2004 provides that if a person appeals, the final notice is suspended until the appeal is finally determined or withdrawn. There is (on the face of it at least) no need for an appeal to be brought in time for this suspension of a final notice to take effect, meaning that a late appeal might buy time before the final notice can be enforced.

Several councils offer a discount if the landlord or agent pays the penalty within a certain time period – a period which is usually shorter than the 28 days which the landlord has been given to bring an appeal. The intention of these discounts seems to be to encourage the landlord to both pay promptly, and not to exercise their right of appeal. This practise of offering discounts is open to criticism since it arguably constrains the landlord or agent’s access to a fair hearing by an independent tribunal, in breach of Article 6(1) of the European Convention on Human Rights, because the decision to waive the right of appeal is arguably constrained by the offer of a discount. The solution for landlords and agents might be to both pay the penalty and bring an appeal before either deadline passes.

*Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*

Robin Stewart

robin.stewart@anthonygold.co.uk

Get in touch

Call, email or use a contact form – whichever suits you. We’ll let you know the best person to help you get started.

Call or Email

020 7940 4060

mail@anthonygold.co.uk

No comments

Add your comment

We need your name and email address to make sure you’re a real person. We won’t share your email address with anyone else or send you spam. Please complete fields marked with *.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

*

code

Related Services

  • Breach of covenant

  • Breach of covenant

  • Building disputes

  • Building disputes

  • Building disputes

  • Challenging the decisions of councils and public bodies

  • Dilapidations and failing to repair

  • Dilapidations and failing to repair

  • Forfeiture and recovery of possession

  • Forfeiture and recovery of possession

  • Ownership disputes and shares in property

  • Ownership disputes and shares in property

  • Ownership disputes and shares in property

  • Party wall disputes

  • Planning advice

  • Property ownership agreements

  • Property ownership agreements

  • Regulatory issues

  • Rehousing and homelessness

  • Remortgages

  • Remortgages

  • Repairs to leaseholds

  • Repairs to leaseholds

  • Repossession and eviction

  • Repossession

  • Right to manage

  • Rights of way, boundaries, covenants and easements

  • Service charge disputes

  • Service charge disputes

  • Tenders and auctions

About the author

  • Robin Stewart

Meet the team

  • Housing and Property Disputes

You might also like...

  • Who can a Rent Repayment Order be made against? Who is the landlord?

  • Tenant Fee ban in Wales comes into force

  • Tenant Fees in Wales

Secure online payments

Payment page through Worldpay

About Us

  • Accessibility
  • Compliance
  • Responsible Business
  • Equality & Diversity
  • History
  • Our Beliefs
  • List of Partners

Accredited by

Lexel Parctice
76000Award
Trustpilot

Careers

  • Trainee Solicitors
  • Vacancies

Solicitors in London Bridge

Solicitors in Elephant and Castle

Solicitors in Streatham

Follow us on Twitter Follow us on LinkedIn Follow us on Instagram View our YouTube channel

Get in touch

020 7940 4060



Anthony Gold

Contact Us

Anthony Gold

Request a callback

Copyright © Anthony Gold Solicitors LLP. All rights reserved. Anthony Gold Solicitors LLP is a limited liability partnership registered in England and Wales with registered number OC433560 and is authorised and regulated by the by the Solicitors Regulation Authority with registration Number 810601

Site managed by Prism Production. Brand by David Carroll & Co.