Kernrechtsfrage
Whether the federal office's rent-review letter was an appealable administrative decision and whether the tenants could challenge it late
Extrahierter Entscheid
The office's determination under Art. 17a VWEG was an appealable decision; because the notice was defective and unclear, the tenants could still challenge it, and the appellate body could treat their submission as an independent appeal.
Extrahierte Begründung
Art. 17a VWEG provides for an easy, free review of rent lawfulness ending in a declaratory decision by the federal office. Defective service and lack of clear indication prevented loss of rights; the parties' hearing rights were cured in appeal.