New Property Chamber
New Procedure Rules
The Tribunal Procedure (First-tier-Tribunal) (Property Chamber) Rules 2013 2013/1169
On 1 July 2013 the following tribunals merged into the First tier Tribunal (Property Chamber):
The result is that the Leasehold Valuation Tribunal, the Rent Assessment Committee and the Residential Property Tribunal no longer exist.
- The Residential Property Tribunal Service (being the Leasehold Valuation Tribunal
- Rent Assessment Committee and the Residential Property Tribunal
- The Adjudicator to Land Registry
- The Agricultural Lands Tribunal
The new Property Chamber has one set of Rules to govern all the matters within its jurisdiction. Some points to note are:
There remains some distinction in relation to the pre-existing tribunals in that the Rules distinguish to some extent between leasehold cases, residential property cases, land registration cases, and agricultural land and drainage cases.
- The inclusion of an overriding objective;
- Wide case management powers;
- Provision for lead cases;
- Leap frogging to the Upper Tribunal;
- The ability to strike out a parties’ case for default or lack of merit;
- A power to set aside a decision for a clerical error, or procedural irregularity and a power to review a decision on an application for permission to appeal;
- Uncapped cost provisions (but mostly on the basis of unreasonable conduct).
The Rules are essential reading for anyone practicing in the jurisdictions covered by the Property Chamber.
Practice Directions are also expected shortly dealing with issues such as the contents of application forms.
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