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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I am a the Freeholder of a block of flats. I have issued a

Customer Question

I am a the Freeholder of a block of flats. I have issued a County Court claim against a long leaseholder for administration charges. The Court case will be heard shortly. After I issued the County court claim the long leaseholder has made an application to the Southern Residential Property First-tier Tribunal (RPT) for which a hearing date has been set AFTER the County court case is heard. Does the RPT have the authority to overturn a judgement that will already have been made by the County court?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : I assume the County Court case is defended and if so is it a small claim please?
JACUSTOMER-4a0dxhlh- :

You are correct. The long leaseholder has defended, he has not mentioned the RPT in his defence. In addition he failed to foolow the Courts pre-trial Directions and I have obtained a Court order that the Defendant will be limited to his Defence statement and supporting documentation. It is being heard in the High Court of Justice Chancery Division Portsmouth District Registry.

Alex Watts : Thank you. If he is limited then he is unlikely to be able to adduce the fact he has a RPT hearing. But to answer your question no a Tribunal can not overturn a Court decision. Indeed to re-litigate on decided matters may amount to an abuse of process.
Alex Watts : Therefore based on the fact that the issue of Tribunal can not be raised, if you win then you can present the Judgment to the Tribunal and they would be bound not to overturn it. But you would be able to argue an abuse of process in any event before the Tribunal.
Alex Watts : Can I clarify anything about this for you today please? Alex
JACUSTOMER-4a0dxhlh- :

Brillaint Ta.

Alex Watts : If I could invite you to rate my service today please and I hope it has been excellent. If you need further information please click reply. Thank you.
Expert:  Nicola-mod replied 4 years ago.

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