Sadd v Brown

The UT(LC) noted that neither party had raised this issue and that the landlord had been given no opportunity to respond to it. It followed that there had been a procedural unfairness. Having said that, however, the LVT did, in principle, have the jurisdiction to determine the issue of payability (see s.27A) and the landlord had made full submissions in support of the appeal. In the circumstances, it was appropriate to now decide the issue.