Landlord wins appeal for £70 gas hob refund

The Upper Tribunal for Scotland recently allowed an appeal from a landlord, Andrea Bradshaw, who was seeking £70 in compensation for the reconnection of a gas hob at her rental property. The First-tier Tribunal for Scotland had initially denied her request, but the Upper Tribunal ruled in her favour after finding errors in the previous judgment.

Bradshaw, who had contracted with Delmore Estate Agents Ltd for letting agent services in Kirkcaldy, sought reimbursement for the cost of reinstalling the gas hob after the fire brigade disconnected it due to safety concerns. Despite confirmation from an engineer that the hob was safe, Bradshaw faced delays and ultimately had to cover the £70 reconnection fee herself.

During the hearing before Sheriff Frances McCartney of the Upper Tribunal, Bradshaw’s husband represented her while Ms Tracey Allan represented the respondents. The crux of the matter revolved around the responsibility of the letting agent in handling the situation post-disconnection by the fire brigade.

Clarification of Facts

Sheriff McCartney highlighted the misinterpretations made by the First-tier Tribunal, specifically regarding the nature of the £70 charge for gas hob reconnection. The tribunal wrongly assumed it was related to a gas safety certificate renewal, which was clarified through correspondence between the parties. This factual error undermined the entire decision and ultimately led to the appeal being granted.

Furthermore, Sheriff McCartney criticised the tone and language used in the findings by the First-tier Tribunal, pointing out the need for neutrality and clarity in presenting factual information. The overuse of emotive language and Roman numerals for signposting findings were deemed unhelpful, especially in cases involving unrepresented parties.

Ultimately, the appeal was successful, and the respondents chose to settle with Bradshaw rather than contesting the decision further. This case serves as a reminder of the importance of clarity, neutrality, and procedural fairness in tribunal judgments.