Rouphina Chinws Onyiliagha v You Move Lets Ltd
Decision date: 11 August 2023
Neutral citation: [2023] UKUT 199 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned a landlord's application to increase the market rent for 56 Latymer Road and the FTT's decision to determine the matter on the papers. The UT held the FTT had jurisdiction but concluded the FTT did not explain how it resolved contested factual disputes (including tenant's contrary evidence) and that it was unsafe to determine those contested facts without an oral hearing. The UT set aside the FTT decision and remitted the case for rehearing.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
Where material facts are contested, it will rarely be appropriate for the FTT to resolve those disputes on the papers without an oral hearing permitting challenge and testing of the evidence; when the FTT decides on the papers it should explain how it has resolved conflicts of factual evidence.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The notes indicate obiter observations that a tribunal conducting an appeal by review is not able to hear fresh evidence and that a tribunal's asserted "general knowledge" of local rents does not remove the obligation to address and resolve contested factual evidence on the record.