The Court of Appeal is considering a test case concerning time limits for tenants making postal applications to rent assessment area committees, under section 13(4) of the Housing Act.
Tenant Katie Lester is challenging a High Court decision in which Deputy Judge Sir Richard Tucker ruled that a reference, which she had made under the Act to the London Rent Assessment Committee and sent by first-class post, must be deemed to have been made on the date upon which the application had been received rather than on the date of posting.
In the Court of Appeal, Robert Latham, counsel for Miss Lester, argued that her “rights pursuant to Article 6 of the European Convention on Human Rights and fundamental freedoms were violated in that she was deprived of her civil rights to have her rent determined by a rent assessment committee”.
However, Timothy Morshead, counsel for the LRAC said that “absent express provision, there is no principle of law that a person who chooses to send documents through the post is entitled to be treated as if she had delivered them in person at the moment of posting”.
The hearing continues.
R (on the application of Lester) v London Rent Assessment Committee Court of Appeal (Waller, Tuckey and Sedley LJJ) 13 February 2003.
References: PLS News 13/02/03
