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Upper Tribunal (Lands Chamber) decision re notification of an appeal

The Upper Tribunal (UT) ruled recently in the case of Katherine Emma O’Kane v Charles Simpson Organisation Limited [2015] UKUT 355 (LC).

The case concerned a park home occupier’s failure to notify the site owner of their appeal within the 21 day period from receiving a Consultation Response Document. This was required by Regulation 10(3) of Mobile Homes (Site Rules) (England) Regulations 2014. The failure to inform the site owner within 21 days resulted in the First-tier Tribunal dismissing the appeal.

However, the Upper Tribunal overturned the decision. They stated that the failure of an occupier to comply with the 21 days’ time limit would not result in the appeal becoming invalid. There is no express provision in the legislation to this effect. The site owner received the documentation within 21 days from the tribunal, although not from the occupier, and considered it was a valid appeal. The UT said that even if the site owner did not receive the documentation within this time limit, it was still a valid appeal as it was lodged in accordance with Regulation 10(1). The appeal was allowed as the appeal had been lodged with the First-tier Tribunal within 21 days (as required by Regulation 10(1).

The Upper Tribunal referred the matter to the First-tier Tribunal for consideration of the appeal upon its merits.

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