Kerry Underwood

LETTINGS AGENCY: UPPER TRIBUNAL DECISIONS

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Here I look at Upper Tribunal decisions, that is decisions on appeal, in relation to Lettings Agency.

All of the information in all of these posts is taken directly from the Senior President of Tribunals’ Annual Report 2020, which is an invaluable and free resource dealing with all aspect of the work of tribunals as well as setting out these summaries of key cases.

The whole report can be accessed here.

Administrative Appeals Chamber: Lettings Agency

CitationPartiesJurisdictionCommentary
[2019] UKUT 110 (AAC)London Borough of Newham v Samson Estates LtdLettings AgencyThe Upper Tribunal decided that a residential leasehold property manager must belong to a redress scheme that specifically covers the relevant activity in compliance with the requirements of The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014.  


[2019] UKUT 139 (AAC)G Crawford Management Services Ltd v London Borough of Tower HamletsLettings AgencyThe Upper Tribunal decided that the appellant company was in breach of the requirements of The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014. The appellant company was established to minimise liability for tax and national insurance purposes. As a matter of law, if any of the activities of the appellant was done “in the course of a business”, then there was a duty to belong to a redress scheme. The fact that there was (and was only ever intended to be) only one client or customer did not prevent the activities being done “in the course of a business”.  

Written by kerryunderwood

August 21, 2020 at 7:24 am

Posted in Uncategorized

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