The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
- (1) In cases to which this rule applies, the Tribunal must as soon as practicable notify the parties and each interested person whose name and address have been notified to it—
- (a) that the application is to be dealt with as a matter of urgency;
- (b) why it appears to the Tribunal that the exceptional circumstances exist;
- (c) of any requirement to be satisfied by a party before the hearing; and
- (d) the date on which the hearing will be held.
- (2) The date of the hearing must be not more than 10 days after the date that notification of the hearing is sent.
- (3) At the hearing the Tribunal may, if it is not satisfied that the exceptional circumstances exist, adjourn the hearing and give such directions as it considers appropriate.
47
- (1) This rule applies where an enactment relating to a residential property case allows the Tribunal to make an interim order—
- (a) suspending, in whole or in part, the effect of any decision, notice, order or licence which is the subject matter of proceedings before it; or
- (b) for the time being granting any remedy which it would have had power to grant in its final decision.
- (2) The Tribunal must provide notice of the order to each party as soon as reasonably practicable after making an interim order and, except in the case of an order made with the consent of all parties, giving reasons for the order.
- (3) A party may request that the interim order be varied or set aside, if the Tribunal has made an interim order without first giving the parties the opportunity to make representations.
- (4) Any such request may be made—
- (a) orally at a hearing;
- (b) in writing; or
- (c) by such other means as the Tribunal may permit.
- (5) This rule does not apply to an application for an urgent IMO authorisation ... .
48
- (1) This rule applies if a site owner applies for a determination under paragraph 5A(2)(a) of Chapter 2, or paragraph 6(1)(a) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site.
- (2) If, at a hearing, it appears to the Tribunal that the mobile home is having a detrimental effect on the amenity of the site, but that if certain repairs to the mobile home were carried out, the mobile home would cease to have such a detrimental effect, it must—
- (a) inform the site owner and the occupier of the repairs which should be carried out;
- (b) invite both the occupier of the mobile home and the site owner to provide information in relation to those repairs as to—
- (i) the time needed to carry them out; and
- (ii) the cost of carrying them out; and
- (c) invite the occupier of the mobile home to indicate whether or not the occupier would be willing to carry out those repairs.
- (3) The Tribunal, having regard to information given under paragraph (2)(b) and (c) must either—
- (a) make a determination under paragraph 5A(2)(a) of Chapter 2, or paragraph 6(1)(a) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act; or
- (b) if paragraph 5A(4) of Chapter 2, or paragraph 6(2) of Chapter 4, of Part 1 of that Schedule applies, make an interim order requiring the occupier of the mobile home to carry out such repairs within such time as the Tribunal considers reasonable.
- (4) Upon making an interim order under paragraph (3)(b), the Tribunal must adjourn the hearing and set a further hearing date for within 7 days from the date by which the specified repairs must be carried out.
- (5) The Tribunal must request each of the site owner and the occupier to state, no later than 4 days before the date of the further hearing, whether (in their opinion) the specified repairs have been completed.
- (6) When setting a further hearing date under paragraph (4), the Tribunal must—
- (a) give the parties not less than 14 days' notice of the hearing date; and
- (b) invite both the site owner and the occupier to indicate, no later than 4 days before the date of the hearing, whether in their opinion the repairs described in the order have been completed.
- (7) At the further hearing—
- (a) if the Tribunal has received notification from each of the occupier and the site owner that the repairs ordered under paragraph (3)(b) have been completed, it must dismiss the application;
- (b) if the Tribunal has not received such notification it must request the parties present to make representations as to the extent of repairs left to be carried out and the time needed to carry them out; and
- (c) having considered any such representations, it must either make a further interim order under paragraph (3)(b) or make a determination under paragraph 5A(2)(a) of Chapter 2, or paragraph 6(1)(a) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act.
- (8) If, before the date of the further hearing, the Tribunal is satisfied that the repairs have been completed, the Tribunal may dispense with the need for a further hearing and may dismiss the application.
49
In this Part—
- “appeal” means the exercise of a right of appeal from the Tribunal—on a point of law under section 11 of the 2007 Act;on a point other than a point of law where such a right of appeal is conferred—by any enactment in relation to a residential property case or a leasehold case;by section 111(1) of the 2002 LR Act in relation to a land registration case;
- “review” means the review of a decision by the Tribunal under section 9 of the 2007 Act.
50
The Tribunal may at any time correct any clerical mistake or other accidental slip or omission in a decision, direction or any document produced by it, by—
- (a) sending notification of the amended decision or direction, or a copy of the amended document, to each party; and
- (b) making any necessary amendment to any information published in relation to the decision, direction or document.
51
- (1) The Tribunal may , on the application of a party or on its own initiative, set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision or the relevant part of it, if—
- (a) the Tribunal considers that it is in the interests of justice to do so; and
- (b) one or more of the conditions in paragraph (2) are satisfied.
- (2) The conditions are—
- (a) a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party's representative;
- (b) a document relating to the proceedings was not sent to or was not received by the Tribunal at an appropriate time;
- (c) a party, or a party's representative, was not present at a hearing related to the proceedings; or
- (d) there has been some other procedural irregularity in the proceedings.
- (3) A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received—
- (a) within 28 days after the date on which the Tribunal sent notice of the decision to the party; or
- (b) if later, within 28 days after the date on which the Tribunal sent notice of the reasons for the decision to the party.
- (4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.
52
- (1) A person seeking permission to appeal must make a written application to the Tribunal for permission to appeal.
- (2) An application under paragraph (1) must be sent or delivered to the Tribunal so that it is received within 28 days after the latest of the dates that the Tribunal sends to the person making the application—
- (a) written reasons for the decision;
- (b) notification of amended reasons for, or correction of, the decision following a review; or
- (c) notification that an application for the decision to be set aside has been unsuccessful.
- (3) The date in paragraph (2)(c) applies only if the application for the decision to be set aside was made within the time stipulated in rule 51 or any extension of that time granted by the Tribunal.
- (4) If the person seeking permission to appeal sends or delivers the application to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 6(3)(a) (power to extend time)—
- (a) the application must include a request for an extension of time and the reason why the application was not received in time; and
- (b) unless the Tribunal extends time for the application under rule 6(3)(a) (power to extend time) the Tribunal must not admit the application.
- (5) An application under paragraph (1) must—
- (a) identify the decision of the Tribunal to which it relates;
- (b) state the grounds of appeal; and
- (c) state the result the party making the application is seeking.
53
- (1) On receiving an application for permission to appeal the Tribunal must first consider, taking into account the overriding objective in rule 3, whether to review the decision in accordance with rule 55 (review of a decision).
- (2) If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision, or part of it, the Tribunal must consider whether to give permission to appeal in relation to the decision or that part of it.
- (3) The Tribunal must send a record of its decision to the parties as soon as practicable.
- (4) If the Tribunal refuses permission to appeal it must send with the record of its decision—
- (a) a statement of its reasons for such refusal; and
- (b) notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.
- (5) The Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (4) in relation to any grounds on which it has refused permission.
54
- (1) A party who wishes to apply to the Tribunal to stay the implementation of the whole or part of a decision pending the outcome of the appeal must make such an application to the Tribunal at the same time as the party applies to the Tribunal for permission to appeal.
- (2) The party applying for a stay under paragraph (1) must provide reasons for the application and provide notice of the application to the other parties.
- (3) Before reaching a decision to stay implementation of the whole or part of a decision, the Tribunal must allow the parties the opportunity to make representations or objections.
- (4) The Tribunal must notify the parties of any decision that the Tribunal makes as to granting a stay of the implementation of the whole or part of the Tribunal's decision.
- (5) In a land registration case, where the Tribunal's decision to stay implementation of a decision relates to a decision disposing of the proceedings, the Tribunal must provide to the registrar a copy of the notice under paragraph (4).
- (6) The notice under paragraph (4) must—
- (a) be in writing;
- (b) be dated;
- (c) specify the decision made by the Tribunal; and
- (d) include the Tribunal's reasons for the decision.
55
- (1) The Tribunal may only undertake a review of a decision—
- (a) pursuant to rule 53 (review on an application for permission to appeal); and
- (b) if it is satisfied that a ground of appeal is likely to be successful.
- (2) The Tribunal must notify the parties in writing of the outcome of any review, and of any right of appeal in relation to the outcome.
- (3) If the Tribunal takes any action in relation to a decision following a review without first giving every party an opportunity to make representations, the notice under paragraph (2) must state that any party that did not have an opportunity to make representations may apply for such action to be set aside and for the decision to be reviewed again.
56
The Tribunal may treat an application for a decision to be corrected or set aside or for permission to appeal against that decision, as an application for any other one of those things.
Editorial notes
[^c21797071]: 2007 c.15
[^c21797081]: 1987 c. 31. Section 35(5) has been amended by the Transfer of Tribunal Functions Order 2013, S.I. 2013/1036.
[^c21797091]: 1947 c. 48. Section 75 has been substituted by the Transfer of Tribunal Functions Order 2013, S.I. 2013/1036.
[^c21797101]: 2002 c. 9. Section 110 has been amended by the Transfer of Tribunal Functions Order 2013, S.I. 2013/1036.
[^c21797111]: 1983 c. 34
[^c21797121]: 1986 c. 5
[^c21797131]: 1991 c. 59
[^c21797141]: 2004 c. 34
[^c21797151]: 1954 c. 39. Section 6A was inserted by the Transfer of Tribunal Functions Order 2013, (S.I. 2013/1036).
[^c21797161]: 1946 c. 73
[^c21797171]: 1985 c. 68
[^c21797181]: 2002 c. 15. Section 176A was inserted by the Transfer of Tribunal Functions Order 2013 S.I. 2013/1036.
[^c21797191]: 1996 c. 23
[^c21797201]: S.I. 1998/3132
[^c21797211]: S.I. 1998/3132
[^c21797221]: 1984 c. 28
[^c21797231]: S.I. 1981/1184
[^c21797241]: 1971 c. 80
[^c21797251]: 1977 c. 42
[^c21797261]: 1988 c. 50.
[^c21797271]: 1985 c. 70. Section 20ZA was inserted by section 151 of the Commonhold and Leasehold Reform Act 2002 (c. 15). Section 27A was inserted by section 155 of the Commonhold and Leasehold Reform Act 2002 (c. 15).
[^c21797281]: 2002 c. 15
[^key-cc90438feec0e2f8bb9166061e85c611]: Words in rule 1(3) substituted (1.9.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(a), 30(a)
[^key-bbaa837ffc56abc94a591f38d57bd74b]: Words in rule 1(3) inserted (1.9.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(a), 30(b)
[^key-9070c0fd63df405c0d34de60cf0d29e3]: Rule 45 omitted (1.9.2014) by virtue of The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(a), 31
[^key-0f83cee6e16574087fdbff0aa25bf2a3]: Words in rule 47(5) omitted (1.9.2014) by virtue of The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(a), 32
[^key-3ed64e0b6a8c8c51daa98e715ba641ed]: Words in rule 1(3) substituted (27.7.2017) by The Tribunal Procedure (Amendment) Rules 2017 (S.I. 2017/723), rules 1, 4
[^key-546ea10ec1694e921ffb5bec77fd05f3]: Words in rule 1(3) inserted (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 5(2)(a)
[^key-0e6a04b9e87ed0c011a5c04bf8b193e6]: Words in rule 1(3) inserted (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 5(2)(b)
[^key-2e0b48434ebd9dfff6225783e8e9c321]: Words in rule 26(3) inserted (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 5(4)
[^key-e005c272ec619ab831b949034acd2af9]: Rule 33(2A) inserted (temp.) (10.4.2020) by The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 9(3)
[^key-c7747ce0061e2a12adcfbe47b368ddd0]: Rule 6A inserted (temp.) (10.4.2020) by The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 9(2)
[^key-c94a5faa78e74c33905ee8c591f5c7de]: Rule 33A inserted (temp.) (10.4.2020) by The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 9(4)
[^key-2bcdb54eeb886597579edac0f662863b]: Words in rule 5(1) inserted (21.7.2020) by The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 9(2)(a)(i)
[^key-d14432ac2334f38bd1874aad355bcd17]: Words in rule 5(1) substituted (21.7.2020) by The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 9(2)(a)(ii)
[^key-f79a2c898df3c3f746e6ba1cb932d5cb]: Words in rule 5(1) inserted (21.7.2020) by The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 9(2)(a)(iii)
[^key-3fd09058ce473fcc5ed4cb220ae35bc0]: Rule 5(2) omitted (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 9(2)(b)
[^key-5d0f8c289a0074e766b17c869c40945c]: Words in rule 5(3) omitted (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 9(2)(c)
[^key-97112e173df795fd751bedf71039f635]: Rule 33A(4) inserted (temp.) (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 9(3) (with rule 1(2))
[^key-08ed2842a8752b8c50c87c9662934aa5]: Rule 13(1)(d) and word inserted (6.4.2021) by The Tribunal Procedure (Amendment) Rules 2021 (S.I. 2021/322), rules 1(1), 4(2)(b)
[^key-429d8b9eb1390d07876fa1029e28c23e]: Rule 13(1A) inserted (6.4.2021) by The Tribunal Procedure (Amendment) Rules 2021 (S.I. 2021/322), rules 1(1), 4(3)
[^key-99e2a653da405de1f47c426b6dfd6117]: Words in rule 1(3) inserted (1.11.2022) by The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 4(2)
[^key-fe7927e38deb72c3a6a2bb98dadf53c1]: Words in rule 13(1) inserted (1.11.2022) by The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 4(3)(a)(i)
[^key-b2e41621baef0cfd48c8b4e3fd6f98d7]: Words in rule 13(1)(b) omitted (1.11.2022) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 4(3)(a)(ii)
[^key-a5070bc7b4240082fb85884a12b4f7d8]: Rule 13(1ZA) inserted (1.11.2022) by The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 4(3)(b)
[^key-d346a40035fda74ec8eead86e2df4d52]: Words in rule 31(3)(a) inserted (1.11.2022) by The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 4(4)
[^key-23e9eff363bf8e49011400b05e7572d1]: Rule 13(1ZA)(za) inserted (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 4(2)(a)
[^key-dc1b4d363a2b22a7b959c4635312be5e]: Rule 13(1ZA)(c) inserted (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 4(2)(d)
[^key-6609ff65ac6ac2fdfc0d7df0fa58677b]: Rule 13(1ZA)(a) substituted (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 4(2)(b)
[^key-150d00717fae2a8d697e01b0c39c4aff]: Word in rule 13(1ZA)(b) inserted (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 4(2)(c)
[^key-431ffe896297e6a999473e88607c6383]: Words in rule 1(3) inserted (6.4.2024) by The Tribunal Procedure (Amendment) Rules 2024 (S.I. 2024/364), rules 1, 4(2)
[^key-0affa7bd351e119c6c2b151c5efbe7b5]: Rule 13(1)(d) substituted (6.4.2024) by The Tribunal Procedure (Amendment) Rules 2024 (S.I. 2024/364), rules 1, 4(3)(a)
[^key-64a5d65cd1f8975c3033fac122828dc2]: Words in rule 13(1A) substituted (6.4.2024) by The Tribunal Procedure (Amendment) Rules 2024 (S.I. 2024/364), rules 1, 4(3)(b)
[^key-09e9fd9c9018676bf2341ddbe2495a18]: Words in rule 51(1) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 9(2)(a)
[^key-351592080aebd3bdf11300e208cf8395]: Rule 51(4) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 9(2)(b)
[^key-db6ccbf5176917f77b79984396c4e298]: Words in rule 36(4) substituted (2.3.2026) by The Tribunal Procedure and Employment Tribunal Procedure (Amendment) Rules 2026 (S.I. 2026/115), rules 1(2), 6(2)
Coronavirus temporary rule (decisions without a hearing)
6A
- (1) Notwithstanding anything in rule 31 (decision with or without a hearing), rule 44 (urgent IMO authorisation applications) and rule 46 (procedure in urgent cases) the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied.
- (2) The conditions are—
- (a) the matter is urgent;
- (b) it is not reasonably practicable for there to be a hearing (including a hearing where the proceedings would be conducted wholly or partly as video proceedings or audio proceedings); and
- (c) it is in the interests of justice to do so.
- (3) This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.
Procedure for applying for and giving directions
Failure to comply with rules, practice directions or Tribunal directions
Striking out a party's case
Addition, substitution and removal of parties
Fees: non-payment
Security for costs
Orders for costs, reimbursement of fees and interest on costs
Representatives
Calculating time
Provision of documents
Prevention of disclosure or publication of documents and information
Disclosure, evidence and submissions
Expert evidence
Summoning of witnesses and orders to answer questions or produce documents
Site inspections
Withdrawal
Lead cases
Subsequent applications related to lead case
Transfer of case to the Upper Tribunal
Coronavirus temporary rule (recording of remote hearings)
33A
- (1) In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.
- (2) Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.
- (3) The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—
- (a) held in private under rule 33(2A); or
- (b) only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.
- (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.
Hearings in a party's absence
Consent orders
Decisions
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