The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

Made: 20th May 2013

Laid before Parliament: 22nd May 2013

Coming into force: 1st July 2013

After consulting in accordance with paragraph 28(1) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007 , the Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred by sections 9(3), 22 and 29(3) and (4) of, and Schedule 5 to that Act, section 35(5) of the Landlord and Tenant Act 1987 , section 75(2) of the Agriculture Act 1947 and section 110 of the Land Registration Act 2002 .

The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.

PART 1 — Introduction

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and come into force on 1st July 2013.

• (2) These Rules apply to proceedings before the Property Chamber of the First-tier Tribunal.

• (3) In these Rules—

• “the 1983 Act” means the Mobile Homes Act 1983[^f00005];

• “the 1986 Act” means the Agricultural Holdings Act 1986[^f00006];

• “the 1991 Act” means the Land Drainage Act 1991[^f00007];

• “the 2002 LR Act” means the Land Registration Act 2002;

• “the 2004 Act” means the Housing Act 2004[^f00008];

• “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007.

• “agricultural land and drainage case” means any case in respect of which the Tribunal has jurisdiction conferred— by or under any enactment specified in section 6A(2) of the Agriculture (Miscellaneous Provisions) Act 1954[^f00009]; or by the Hill Farming Act 1946[^f00010];

• “applicant” means— the person who commences Tribunal proceedings, whether by making an appeal, an application, an objection or otherwise; where an issue in proceedings before a court is transferred by order of the court to the Tribunal, the claimant or applicant in those proceedings; where proceedings before another tribunal are transferred to the Tribunal, the claimant or applicant in those proceedings; in a land registration case, the party which the Tribunal has specified as applicant under rule 28(3)(c); a person who is added or substituted as an applicant under rule 10; and “application” bears a corresponding meaning;

• “designated applicant” in relation to agricultural land and drainage cases means a person who is validly designated by the deceased in the deceased’s will in accordance with section 39(4) of the 1986 Act;

• “document” means anything in which information is recorded in any form, and an obligation under these Rules or any practice direction or direction to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;

• “hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

• “holding” means land (including a ditch) in respect of which an application under the 1986 Act is made;

• “IMO authorisation application” means an application for authorisation to make an interim management order under section 102(4) or (7) of the 2004 Act, and “IMO” bears a corresponding meaning;

• “interested person”— in relation to an agricultural land and drainage case under section 39 of the 1986 Act, includes— any other applicant under that section or any other person eligible to be such an applicant; any personal representative of the deceased tenant, any person eligible to apply to be the personal representative of the deceased tenant or any person administering the estate of the deceased tenant; in relation to a residential property case, means— a person other than the applicant who would have been entitled under the 2004 Act or the Housing Act 1985[^f00011] to make the application; a person to whom notice of the application must be given in accordance with the following provisions of the 2004 Act— paragraph 11(2) of Schedule 1; or paragraph 14(2) of Schedule 3; a person to whom the Tribunal must give the opportunity of being heard in accordance with the following provisions— section 34(4) of the 2004 Act; or section 317(2) of the Housing Act 1985; except in relation to an application made under the 1983 Act, the local housing authority, where it is not a party to the application; the person to whom the occupier wants to sell or gift a mobile home under paragraph 8 or 9 of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act; a qualifying residents’ association;

• “land registration case” means a case in respect of which the Tribunal has jurisdiction under the 2002 LR Act;

• “leasehold case” means a case in respect of which the Tribunal has jurisdiction under any of the enactments specified in section 176A(2) of the Commonhold and Leasehold Reform Act 2002[^f00012];

• “official expert” means a person who for agricultural, drainage or similar expertise is engaged by the Secretary of State to report or act on behalf of the Secretary of State in connection with an application in an agricultural land case;

• “original application” means the application originally made to the registrar under the 2002 LR Act that resulted in a reference;

• “party” means a person who is, or if the proceedings have been concluded, a person who was, an applicant or respondent when the Tribunal finally disposed of all issues in the proceedings;

• “practice direction” means a direction given under section 23 of the 2007 Act;

• “qualifying residents’ association” means an association that meets the requirements set out in Part 1 of Schedule 1 to the 1983 Act;

• “rectification application” means an application to rectify or set aside a document under section 108(2) of the 2002 LR Act;

• “registrar” means the Chief Land Registrar;

• “residential property case” means a case in respect of which the Tribunal has jurisdiction conferred by or under the 1983 Act, the Housing Act 1985 or the 2004 Act;

• “respondent” means— in an appeal against a decision, direction or order, the person who made the decision, direction or order appealed against; a person against whom an applicant otherwise brings proceedings; in a case referred to the Tribunal by a rent officer who has registered a rent under the Rent Act 1977, the landlord or the tenant, as the case may be, who has not objected to the rent which has been registered; where an issue in proceedings before a court is transferred by order of the court to the Tribunal, the person who was the defendant or respondent in the court proceedings; in relation to residential property cases or leasehold cases listed in a Schedule to a practice direction, the person or persons, or one of the persons, identified as the respondent in the relevant Schedule to the practice direction; in a land registration case— in a reference by the registrar, the party or parties which the Tribunal has specified as respondent under rule 28(3)(c); in proceedings under section 108(2) of the 2002 LR Act, the party or parties making an objection to a rectification application; in an appeal under paragraph 4 of Schedule 5 to the 2002 LR Act, the registrar; a person added or substituted as a respondent under rule 10;

• “Tribunal” means the First-tier Tribunal.

Rules not overriding enactments

2

Nothing in these Rules overrides any specific provision that is contained in an enactment which confers jurisdiction on the Tribunal.

Overriding objective and parties' obligation to co-operate with the Tribunal

3

• (1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.

• (2) Dealing with a case fairly and justly includes—

• (a) dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties and of the Tribunal;

• (b) avoiding unnecessary formality and seeking flexibility in the proceedings;

• (c) ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;

• (d) using any special expertise of the Tribunal effectively; and

• (e) avoiding delay, so far as compatible with proper consideration of the issues.

• (3) The Tribunal must seek to give effect to the overriding objective when it—

• (a) exercises any power under these Rules; or

• (b) interprets any rule or practice direction.

• (4) Parties must—

• (a) help the Tribunal to further the overriding objective; and

• (b) co-operate with the Tribunal generally.

Alternative dispute resolution and arbitration

4

• (1) The Tribunal should seek, where appropriate—

• (a) to bring to the attention of the parties the availability of any appropriate alternative procedure for the resolution of the dispute; and

• (b) if the parties wish, and provided that it is compatible with the overriding objective, to facilitate the use of the procedure.

• (2) Part 1 of the Arbitration Act 1996[^f00013] does not apply to proceedings before the Tribunal.

PART 2 — General Powers and Provisions

Delegation to staff

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• (1) Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.

• (2) The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.

• (3) Within 14 days after the date that the Tribunal sends notice of a decision made by a member of staff pursuant to an approval under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.

Case management powers

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• (1) Subject to the provisions of the 2007 Act 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 direction.

• (3) In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may—

• (a) extend or shorten the time for complying with any rule, practice direction or direction, even if the application for an extension is not made until after the time limit has expired;

• (b) consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues, or treat a case as a lead case (whether under rule 23 or otherwise);

• (c) permit or require a party to amend a document;

• (d) permit or require a party or another person to provide or produce documents, information or submissions to any or all of the following—

• (i) the Tribunal;

• (ii) a party;

• (iii) in land registration cases, the registrar;

• (e) direct that enquiries be made of any person;

• (f) require a party to state whether that party intends to—

• (i) attend,

• (ii) be represented, or

• (iii) call witnesses,

at the hearing;

• (g) deal with an issue in the proceedings as a preliminary issue;

• (h) hold a hearing to consider any matter, including a case management issue;

• (i) decide the form of any hearing;

• (j) adjourn or postpone a hearing;

• (k) require a party to produce a bundle for a hearing;

• (l) require a party to provide an estimate of the length of the hearing;

• (m) stay proceedings;

• (n) transfer proceedings to another court or tribunal if that other court or tribunal has jurisdiction in relation to the proceedings and

• (i) because of a change of circumstances since the proceedings were started, the Tribunal no longer has jurisdiction in relation to the proceedings; or

• (ii) the Tribunal considers that the other court or tribunal is a more appropriate forum for the determination of the case;

• (o) suspend the effect of its own decision pending the determination by the Tribunal or the Upper Tribunal of an application for permission to appeal against, and any appeal or review of, that decision.

Procedure for applying for and giving directions

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• (1) The Tribunal may give a direction on the application of one or more of the parties or on its own initiative.

• (2) An application for a direction may be made—

• (a) by sending or delivering a written application to the Tribunal; or

• (b) orally during the course of a hearing.

• (3) An application for a direction must include the reason for making that application.

• (4) Except with the permission of the Tribunal, if a written application for a direction is made without the consent of every party the applicant must provide—

• (a) a copy of the proposed application to every other party before it is made; and

• (b) confirmation to the Tribunal that the other parties have been notified that any objection they wish to make to the application must be provided in accordance with paragraph (5).

• (5) A party who wishes to object to a written application that has been made to the Tribunal for a direction must send written notice of the objection to the Tribunal and the applicant for the direction.

• (6) Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send written notice of any direction made by the Tribunal to every party and to any other person affected by the direction.

• (7) If a party or any other person sent notice under paragraph (6) of the direction made by the Tribunal wishes to challenge that direction, they may do so by applying for another direction which amends, suspends or sets aside the first direction.

Failure to comply with rules, practice directions or Tribunal directions

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• (1) An irregularity resulting from a failure to comply with any provision of these Rules, a practice direction or a direction does not of itself render void the proceedings or any step taken in the proceedings.

• (2) If a party has failed to comply with a requirement in these Rules, a practice direction or a direction, the Tribunal may take such action as the Tribunal considers just, which may include—

• (a) waiving the requirement;

• (b) requiring the failure to be remedied;

• (c) exercising its power under rule 9 (striking out a party’s case);

• (d) exercising its power under paragraph (5); or

• (e) barring or restricting a party’s participation in the proceedings.

• (3) In land registration cases, the action that the Tribunal may take includes—

• (a) where the party who failed to comply was the person who made (or has been substituted for or added to the party who made) the original application, directing the registrar to cancel the original application in whole or in part;

• (b) where the party who failed to comply was an objector to (or was substituted for or added as an objector to) the original application, directing the registrar to give effect to that application in whole or in part as if that objection had not been made.

• (4) In land registration cases, the Tribunal must, if the action taken does not include either of the requirements referred to in paragraph (3), send written notice to the parties of the Tribunal’s decision as to what action is taken (if any) and give any consequential directions.

• (5) The Tribunal may refer to the Upper Tribunal, and ask the Upper Tribunal to exercise its power under section 25 of the 2007 Act in relation to, any failure by a person to comply with a requirement imposed by the Tribunal—

• (a) to attend at any place for the purpose of giving evidence;

• (b) otherwise to make themselves available to give evidence;

• (c) to swear an oath in connection with the giving of evidence;

• (d) to give evidence as a witness;

• (e) to produce a document; or

• (f) to facilitate the inspection of a document or any other thing (including any premises).

Striking out a party's case

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• (1) The proceedings or case, or the appropriate part of them, will automatically be struck out if the applicant has failed to comply with a direction that stated that failure by the applicant to comply with the direction by a stated date would lead to the striking out of the proceedings or that part of them.

• (2) The Tribunal must strike out the whole or a part of the proceedings or case if the Tribunal—

• (a) does not have jurisdiction in relation to the proceedings or case or that part of them; and

• (b) does not exercise any power under rule 6(3)(n)(i) (transfer to another court or tribunal) in relation to the proceedings or case or that part of them.

• (3) The Tribunal may strike out the whole or a part of the proceedings or case if—

• (a) the applicant has failed to comply with a direction which stated that failure by the applicant to comply with the direction could lead to the striking out of the proceedings or case or that part of it;