The First-tier Tribunal (Property Chamber)

1. The First-tier Tribunal (Property Chamber) Nicholas Kissen Thomas Frith Islington Leaseholders Association 12th June 2013

2. The Leasehold Valuation Tribunal The Leasehold Valuation Tribunal (Procedure) (England) Regulations 2003 Very limited powers Will still remain in Wales for the time being

3. But on 1st July 2013 get ready for…. • The introduction of the First-tier Tribunal(Property 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. Disclosure and evidence • May direct exchange of relevant documents and 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

14. 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

15. 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

16. 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

17. 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

18. 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