The Introduction of new rules

governing the First-tier Tribunal

Siobhan McGrath

President First-tier Tribunal (Property

Chamber)

FIRST-TIER TRIBUNAL

(PROPERTY CHAMBER)

The Landscape

• Landlord and Tenant disputes distributed

between Courts and Tribunals

• Law Commission Report: Housing Dispute

Resolution and the Role of Tribunals

• First step in rationalisation?

A Time of Change

• Structural Change

• Changes to regulations

• Looking ahead

Ninth programme of Law Reform

– housing dispute project

“It is designed to go beyond narrow questions of jurisdiction and the relative advantages of courts and tribunals. Rather the aim is to start with a consideration of how housing problems and disputes arise in the first place, how they may be linked with other problems and whether the existing system in fact distorts problem…Based on this broad approach, the project will move to consider what outcomes are desirable, and how a flexible dispute resolution system can be designed to secure them”

Housing: Proportionate Dispute

Resolution 2008

• The creation of the First-tier Land, Property and

Housing Chamber

• As a general principle wherever possible, persons

bringing proceedings, whether before a court or a

tribunal, should be able to have their matters dealt

with in a single process

• Government to keep under review the possibility

that further specific housing matters should be

transferred to the First-tier Tribunal

Structural Change

• Tribunal Courts and Enforcement Act 2007

• Senior President of Tribunals

• First-tier Tribunal divided into Chambers

• Property Chamber – bringing together RPTS Tribunals,

Adjudicator to HM Land Registry and Agricultural Lands

Tribunal

Chamber Membership

• Chamber President

• Principal Judges for RPTS, ALR and ALT

• Regional Judges and Deputy Regional Judges

• Judges and other members – experts and lay

members

Transfer of Tribunal Functions

Order 2013

• Abolishes RACs, RTs, LVTs and RPTs, the

ALR and the ALT

• Transfers all jurisdictions to First-tier

Tribunal

Transitional Provisions

Schedule 3 to the Transfer Order

– All cases started on or after the 1 July 2013 will be proceedings before the First-tier Tribunal;

– All proceedings started before 1 July 2013 which are pending, will continue as proceedings before the First-tier Tribunal;

– New rules will apply to cases whether started before or after 1 July 2013 except in respect of costs

Regulations

• The Tribunal Procedure (First-tier Tribunal)

(Property Chamber) Rules 2013

• Replaces all procedure rules that previously

applied to the Tribunals

Overriding Objective

Rule 3

The overriding objective of these Rules is to

enable the Tribunal to deal with cases fairly

and justly

Case Management Powers

Rule 6

6(1) Subject to the provisions of the 2007 and any

other enactment, the Tribunal may regulate its

own procedure;

(2) The Tribunal may give a direction in relation to

the conduct or disposal of proceedings at any time,

including a direction amending, suspending or

setting aside an earlier decision

Failure to comply with Rules,

Practice Directions or Tribunal

Directions Rule 8

The tribunal “may take such action as the Tribunal considers just” to deal with default, which may include:

• waiving the requirement;

• requiring the failure to be remedied;

• exercising a power to strike out under Rule 9;

• referring the matter to the Upper Tribunal under section 25 of the 2007 Act;

• barring or restricting a party’s participation in the proceedings;

• making an award of costs under Rule 13.

Striking Out

Discretionary Grounds:

• failure to comply with directions;

• failure to co-operate with the tribunal so that the tribunal cannot deal with the proceedings fairly and justly;

• the proceedings are between the same parties and relate to issues that have already been decided;

• the proceedings, or the manner in which they are being conducted, are considered to be frivolous, vexatious or otherwise an abuse of the process of the Tribunal;

• there is no reasonable prospect of the case, or part of it, succeeding

Decisions

• Consent order may be made under rule 35

• Decisions must be supported by reasons except in rents cases where need only be provided on request

• Parties must also be notified of any right of appeal, the time within which and manner in which such a right of appeal may be exercised

Costs

Rule 13

• For Land Registration cases, the full cost shifting rules continue to apply.

• For agricultural land and residential property the tribunal may make an order in respect of costs only –

(a)under section 29(4) of the 2007 Act (wasted costs);

(b)if a person has acted unreasonably in bringing, defending or conducting proceedings.

• Penal costs are not subject to an upper limit

• The provisions do not apply in rents cases

Practice Directions

• Property Chamber Areas

• Land Registration

• Applications to start proceedings in Residential

Property Cases

• Mobile Homes

Appeals

All appeals for RP and AL&D go to Upper

Tribunal Lands (Chamber)

All appeals for ALR which go to Upper

Tribunal (Tax and Chancery)

Appeals etc.

Rule 50 provides a conventional slip-rule.

Rule 51 allows a tribunal to set aside a decision which disposes of proceedings if it is in the interests of justice to do so and one of a number of conditions is fulfilled

Rule 52 makes provision for applications for permission to appeal.

Rule 53 requires a Tribunal to consider whether to review its decision on receipt of an application for permission to appeal

Rule 54 allows the Tribunal to stay the implementation of a decision pending the outcome of an appeal

What Next

• Courts and Tribunals

• Tidying –up

• Best use of expertise

• A joined up service?

– Triage Plus and Advice

– Mediation

– Adjudication

QUESTIONS