Prep Your Case Properly

The general rule in civil litigation is that an appeal court will not consider evidence that was not before the trial judge. There is an exception to that general rule where it can be shown that the new evidence could not reasonably have been obtained for the trial, would probably have an important influence on the result of the case and is apparently credible.

In the case of Szymczak v Nafeesa Begum Ltd [2025] UKUT 151 (LC) Mr Szymczak was the former tenant of the respondent landlord. He considered that, during the period of his tenancy, the property had been an unlicenced HMO (House of Multiple Occupation) and therefore applied for a rent repayment order from the First-Tier Tribunal (Property Chamber). The landlord denied that the property had ever been occupied by a sufficient number of persons to constitute an HMO and Mr Szymczak led no evidence to the contrary, beyond his own assertion. The FTT dismissed his claim.

He sought permission to appeal and relied for the first time on tenancy agreements made between his landlord and third parties, which he said showed that the property was occupied as an HMO. The Upper Tribunal held that the reason that the tenancy agreements had not been produced to the FTT was that Mr Szymczak had made no real attempt to obtain them before trial and it was not satisfied that the material could not reasonably have been obtained for use at trial. The first part of the exception was therefore not satisfied and the material was inadmissible; the appeal was dismissed.

For litigation advice please contact Oliver Kew at Hewetts Solicitors in Reading at o.kew@hewetts.co.uk

Published on 14/07/2025