Agreeing a new long-term gas contract

Tribunal decision

On 29 January 2024, the Tribunal made its decision and agreed Poplar HARCA could dispense with consultation requirements in respect of this long-term contract.

You can download the full Tribunal decision report on this webpage.

To appeal

If you wish to appeal the Tribunal decision, the process and timeline for doing so is given below and contained within the Tribunal’s cover letter to Poplar HARCA. To download it, click the button at the bottom of this webpage.

Timeline 

Any application from a party for permission to appeal to the Upper Tribunal (Lands Chamber) must normally be made to the Tribunal within 28 days of the date of the FFT’s letter (dated 31 January 2024). If the Tribunal refuses permission to appeal, you have the right to seek permission from the Upper Tribunal (Lands Chamber) itself.

Guide

An appeal to the Upper Tribunal against a decision of a First-tier Tribunal (Property Chamber) can be pursued only if permission to appeal has been given. Permission must initially be sought from the First-tier Tribunal. If you are refused permission to appeal by the First-tier Tribunal then you may go on to ask for permission from the Upper Tribunal (Lands Chamber).

An application to the First-Tier Tribunal for permission to appeal must be made so that it is received by the Tribunal within 28 days after the date on which the Tribunal sends its reasons for the decision.

1. If made after the 28 days, the application for permission may include a request for an extension of time with the reason why it was not made within time. Unless the application is made in time or within granted extended time, the tribunal must reject the application and refuse permission.
2. You must apply for the permission in writing, and you must:

• identify the case by giving the address of the property concerned and the Tribunal’s reference number;
• give the name and address of the applicant and any representative;
• give the name and address of every respondent and any representative
• identify the decision or the part of the decision that you want to appeal;
• state the grounds of appeal and state the result that you are seeking;
• sign and date the application
• send a copy of the application to the other party/parties and in the application record that this has been done

The Tribunal may give permission on limited grounds.

1. When the tribunal receives the application for permission, the tribunal will first consider whether to review the decision. In doing so, it will take into account the overriding objective of dealing with cases fairly and justly; but it cannot review the decision unless it is satisfied that a ground of appeal is likely to be successful.
2. On a review the tribunal can:

• correct accidental errors in the decision or in a record of the decision;
• amend the reasons given for the decision;
• set aside and re-decide the decision or refer the matter to the Upper Tribunal;
• decide to take no action in relation to the decision.

If it decides not to review the decision or, upon review, to take no action, the Tribunal will then decide whether to give permission to appeal.

1. The Tribunal will give the parties written notification of its decision. If permission to appeal to the Upper Tribunal (Lands Chamber) is granted, the applicant’s notice of intention to appeal must be sent to the registrar of the Upper Tribunal (Lands Chamber) so that it is received by the registrar within 28 days of the date on which notice of the grant of permission was sent to the parties.
2. If the application to the Property Chamber for permission to appeal is refused, an application for permission to appeal may be made to the Upper Tribunal. An application to the Upper Tribunal (Lands Chamber) for permission must be made within 14 days of the date on which you were sent the refusal of permission by the First-tier Tribunal.
3. The tribunal can suspend the effect of its own decision. If you want to apply for a stay of the implementation of the whole or part of a decision pending the outcome of an appeal, you must make the application for the stay at the same time as applying for permission to appeal and must include reasons for the stay. You must give notice of the application to stay to the other parties.

These notes are for guidance only. Full details of the relevant procedural provisions are mainly in:

• the Tribunals, Courts and Enforcement Act 2007;
• the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013;
• The Tribunal Procedure (Upper Tribunal)(Lands Chamber) Rules 2010.

You can get these from the Property Chamber or Lands Chamber web pages, or from the Government’s official website for legislation, or you can buy them from HMSO.

The Upper Tribunal (Lands Chamber) may be contacted at:

• 5^th Floor, Rolls Building, 7 Rolls Buildings, Fetter Lane, London EC4A 1NL
• Telephone 020 7612 9710
• Goldfax 0870 761 7751
• Email lands@hmcts.gsi.gov.uk

The Upper Tribunal (Lands Chamber) form (T601 or T602), Explanatory leaflet and information regarding fees can be found online here.

Application

You can read the full details of our application and what we were required to do here:

• Application to First Tier Tribunal
• Directions for First Tier Tribunal
• Hearing bundle

Leaseholders were given the opportunity to respond to the application by 20 October 2023 by:

• completing the reply form included in the Directions document and emailing it to the Tribunal; and
• emailing or sending your response to us with a copy of your reply form and any documents you want the Tribunal to consider.

 

Tribunal cover letter January 2024 Tribunal decision January 2024