www.lease-advice.org
The First-tier Tribunal
(Property Chamber)
Nicholas Kissen
Thomas Frith
Islington Leaseholders Association
12th June 2013
The Leasehold Valuation Tribunal
The Leasehold Valuation Tribunal (Procedure) (England)
Regulations 2003
Very limited powers
Will still remain in Wales for the time being
But on 1st July 2013 get ready for….
• The introduction of the First-tier Tribunal(Property
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Chamber)
Still at 10 Alfred Place, London WC1E 7LR
Siobhan McGrath appointed as President of the Property
Chamber - now a Judge
New application forms
And a new set of procedural rules to replace the 2003
Regulations
The rules can be found in
The Tribunal Procedure (First-tier Tribunal) (Property
Chamber) Rules 2013
The rules can be downloaded from www.legislation.gov.uk
Six parts and 56 sections
Not all relevant to residential leasehold property work
The over-riding objective
• Must be considered when exercising powers and
interpreting the rules
• To deal with cases fairly and justly
• Proportionality
• Avoiding unnecessary formality
• Seeking flexibility
• Using special expertise of Tribunal effectively
• Avoiding delay
• So far as compatible with proper consideration of the issues
Alternative dispute resolution
Where appropriate Tribunal should
• Bring to parties’ attention the availability of ADR
• Facilitate the use of ADR
• If the parties wish
• Provided compatible with over-riding objective
Case management powers
• Extend/shorten time
• Consolidate proceedings
• Permit/require amendments
• Permit/require production of
• Documents
• Information
• Submissions
• Direct enquiries be made of a person
• Require party to state whether
• Will be represented and
• Intending to call evidence
Case management powers
• Deal with preliminary issues
• Decide form of hearing
• Adjourn/postpone hearing
• Require a party to produce
• Hearing bundle
• Time estimate
• Stay proceedings
• Transfer to another jurisdiction
• Court
• Tribunal
• Suspend effect of decision pending appeal
Failure to comply
Tribunal may
• Waive the requirement
• Require remedy
• Strike out a case
• Refer to Upper Tribunal to exercise powers
• Make a witness give evidence
• Facilitate inspection
• Bar/restrict participation
Striking out
Rules apply to both Applicants and Respondents the latter
in the form of a bar to participation in the proceedings
• Automatic strike out
• Non-compliance with requirement that states failure will lead to
striking out
• May strike out for
• Breach of requirement
• Failure to co-operate
• Where prevents Tribunal dealing fairly and justly
• Tribunal considers no reasonable prospect of Applicant’s case, or
part of it, succeeding
Fees
• Where required fee not paid Tribunal must not proceed
with case until payment
• If fee remains unpaid for 14 days from due date
• Case deemed withdrawn
Costs
• Tribunal may make costs order if a person has acted
unreasonably in
• bringing
• defending
• conducting proceedings
• Application may be made
• at any time during proceedings
• but not later than 28 days after disposal of all issues
• Assessment
• Summary
• By Tribunal
• Detailed
• By Tribunal or County Court
Disclosure and evidence
• May direct exchange of relevant documents and
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inspection
May allow expert evidence
May order single joint expert
Limit number of witnesses
Admit/exclude evidence
Require evidence on oath
Disclosure limited that what could be required in court
proceedings
Summons/order for witness
evidence
On application Tribunal may
• By summons require a party to attend as a witness
• Order a witness to produce documents in their possession
Limited to what could be required in a court
Expert evidence
• Over-riding obligation of the expert to the Tribunal
• No party can produce expert evidence without the
Tribunal’s consent
• Expert evidence given in form of written report unless
Tribunal directs otherwise
• Requirements of expert’s report
Hearings
• Must be held before Tribunal makes decision unless all
parties agrees this is unnecessary
• Tribunal must give reasonable notice of the hearing
• Time
• Place
• Hearings generally should be in public
• May proceed in absence of a party if
• In the interests of justice to do so and
• The party has been served notice that the hearing will take place
Correcting and setting aside
decisions
• Tribunal may review and/or set aside its own decision
• If in the interests of justice to do so
• Tribunal may order a stay on implementing decision
pending an appeal
Transfer to Upper Tribunal (Lands
Chamber)
• Tribunal may refer a case to President of the Property
Chamber
• Request case be considered for transfer to Upper Tribunal
(Lands Chamber)
• Transfer may take place with concurrence of President of
the Lands Chamber of the Upper Tribunal
• President may only direct transfer if considers issues
likely to be further appealed and
• Will require lengthy/complex evidence or a lengthy hearing
• Involve complex/important principle/issue
• Involve a large financial sum