Tribunal Services for Residential Property in England and Wales

Resources

Rent Tribunals

In England, the First-tier Tribunal – Property Chamber (Residential Property) is an independent service that can decide many Rent and Leasehold disputes. It has been given powers by legislation to settle disputes that would otherwise have to be dealt with by the courts, providing an easier and cheaper access to justice. There are five regional offices which provide an independent, fair and accessible tribunal service in England for settling disputes involving private rented and leasehold property, they do not have powers to become involved with commercial property.

(This was formerly the Residential Property Tribunal Service)

In Wales, the Residential Property Tribunal (formerly known as the Rent Assessment Panel for Wales) is an independent statutory body set up under the Housing Act 2004. The Tribunal’s main responsibilities are to set up Rent Assessment Committees and Rent Tribunals to consider appeals over rent levels and to fix an appropriate rent where there are disputes between landlords and contract-holders in the Private Rented Sector. The Tribunal also sets up Leasehold Valuation Tribunals to settle certain disputes between leaseholders and freeholders. In addition it hears cases on Empty, interim and final dwelling management orders, Licensing of houses in multiple occupation and selective licensing of other residential property, Housing, health and safety rating system, Park homes and Local authority gypsy and traveller sites.

Who sits on the Tribunals – England

Each region has a Regional Judge, who is responsible for the tribunal members and decides which members should be appointed to hear and decide a particular case. They are assisited by one or more Deputy Regional Judges or Deputy Regional Valuers.

Each region has a Regional Judge, who is responsible for the tribunal members and decides which members should be appointed to hear and decide a particular case. They are assisited by one or more Deputy Regional Judges or Deputy Regional Valuers.

Members are appointed by the Lord Chancellors and may be surveyors, other professional people or lay people. There will be a Chairman, who may sit alone, but it is more usual for there to be one or two members in addition. The Chairman will be a judge or surveyor, and is responsible for the conduct of the case and writes the reasons for the tribunal’s decision.

Types of Cases Heard – England

The Tribunal can decide disputes relating to :

  • Rent cases
  • Leasehold Enfranchisement cases
  • Leasehold disputes
  • Housing Act 2004 cases, (housing conditions, standards, enforcement etc)
  • Park Home cases

Detailed guidance can be found on the Ministry of Justice website – link in the Additional Resources section below.

The Tribunal can decide disputes relating to:

  • Rent cases
  • Leasehold Enfranchisement cases
  • Leasehold disputes
  • Housing Act 2004 cases, (housing conditions, standards, improvement notices and prohibition orders etc.)
  • Park Home cases
  • disputes about licences for houses in multiple occupation

Detailed guidance can be found on the Government website.

Reports on Residential Property Tribunal Decisions made – England

All decisions and reason documents made by each panel in England, since 2018, are now detailed on the Residential Property Tribunal decisions.  The link can be found in the Additional Resources section below.

Alternatively, you can make a request in writing to:

Residential Property Tribunal
10 Alfred Place
London WC1E 7LR

Email: rplondon@hmcts.gsi.gov.uk

Telephone: 0207 446 7700

Rent Cases – Wales

In Wales, the Rent Assessment Committees and Rent Tribunals comprise lawyers, valuers and lay persons who will consider appeals over rent levels and fix appropriate rents where there is dispute between landlord and contract-holder in the Private Rented Sector. The Committee hears appeals against rent levels determined by the Rent Officer for regulated tenancies and sets a fair rent. The Committee also hear appeals for assured tenancies however The Renting Homes Wales (2016) act currently does not have an appeals mechanism for occupation contracts and is awaiting potential future legislation changes regarding rent levels set by landlords.

In Wales, the Residential Property Tribunal. The Committee hears appeals against rent levels determined by the Rent Officer for regulated tenancies and sets a fair rent. They look at leasehold disputes and cases around leases, service charges, lease extensions and tenant association applications.  Thirdly they hear cases on residential matters of Empty, interim and final dwelling management orders, Licensing of houses in multiple occupation and selective licensing of other residential property, Housing, health and safety rating system, Park homes and Local authority gypsy and traveller sites.

The Residential Property Tribunal, its members and decisions are independent of Government. Administrative support and funding for the tribunal is provided by the Welsh Government.  There is no appeal against a committee’s decision except on a point of law. There are fees involved in some, but not all, applications. It is important that you check their guidance booklet when making an application on fees and waiver guidance.

Leasehold Valuation Tribunals – Wales

Leasehold Valuation Tribunals were set up in Wales, to settle disputes between leaseholders and freeholders over the purchase price of the freehold of a house; the price payable for collective enfranchisement of the freehold of a block of flats; the price payable by a tenant of a lease flat for an extended lease; the terms of acquisition of the freehold; modern ground rents and to consider estate management schemes. Disputes over service charges, the landlord’s choice of insurer and applications to appoint a manager can also be dealt with.

Fees may be payable for some of the applications for a hearing, you should contact the Residential Property Tribunal for details of fees payable.

The Tribunals are independent and impartial. They consist of 3 members:

  1. a lawyer
  2. a valuer; and
  3. a lay person.

The tribunal will hear both sides of the argument. A written determination is issued shortly after the hearing. The determination is final and enforceable, however, appeals can be heard by the Lands Tribunal providing the Leasehold Valuation Tribunal or Lands Tribunal agree.

Residential Property Conditions and Standards – Wales

Appeals in Wales can be made to the Tribunal in relation to provisions in the Housing Act 2004 and the Housing Act 1985 about powers of a Local Housing Authority in connection with housing conditions and enforcement of housing standards, including emergency remedial action; demolition orders and slum clearance; regulation of houses in multiple occupation; management of dwellings and empty dwellings; and overcrowding.

The Residential Property Tribunal Procedure (Wales) Regulations 2006 regulate the procedure under which these appeals are made.

 

Residential Property Tribunal Further information

For England, Government department websites offer a wealth of information and advice on how to proceed. See the Additional Resources section for links.

The Tribunal is required to remain impartial in dealing with disputes. Although they can advise you about the procedures they follow, they cannot provide you with legal advice, nor can they provide guidance about the best way to present your case.

If you require any further information for the Welsh service, please contact:

Residential Property Tribunal for Wales
1st Floor, West Wing
Southgate House
Wood Street
Cardiff
CF10 1EW

Tel: 03000 252 777
Fax: 03000 256 146

Email: rpt@gov.wales

 

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