Residential Property Tribunal guidance
- How the Tribunals are made up
- Rent assessment committees
- Leasehold Valuation Tribunals
- Residential Property Tribunals
- Guidance documents
The Residential Property Tribunal is the umbrella organisation for the five regional offices called Rent Assessment Panels, which provide an independent service in England for settling disputes involving private rented and leasehold property.
The Committees and Tribunals under the umbrella are quasi-judicial bodies. Legislation has given the Panel's powers to settle certain types of dispute which would otherwise have to be dealt with by the Courts. Through its Committees and Tribunals the Residential Property Tribunal aims to provide an easier and cheaper access to justice. While there is a scale of fees for some, but not all, types of dispute, there is no fee for dealing with disputes about the price payable for the acquisition freeholds or lease extensions and Market or Fair rents.
Rent Assessment Panels, their Committees or Tribunals have no powers to become involved in disputes about commercial property.
There are separate Rent Assessment Panels covering Scotland and Wales
How the Committees and Tribunals are made up
Each Panel has a President, assisted by one or more Vice Presidents, who is responsible for the members and in particular decides which members should be appointed to hear and decide a particular case.
There are two types of Committee or Tribunal member:
- The Chairman: appointed by the Lord Chancellor. A Chairman may be a lawyer or a valuer, or, exceptionally, a lay person. The Chairman will write up the reasons for the Committee's or Tribunal’s decision.
- Other members: other members are appointed by HM Courts and Tribunals Service. Again, they may be lawyers, valuers or lay people.
When a Committee or Tribunal is set up to consider an application there will usually be three, but occasionally two, members including the Chairman.
Rent Assessment Committees
The Rent Assessment Committee (RAC) is a tribunal of two or three people set up under the provisions of the Rent Act 1977. It is an independent decision making body which is completely unconnected to the parties or any other public agency. The Committee will look at the matter of the rent dispute for the property following an application or a referral to the Committee.
Rent Assessment Committees can decide the following types of dispute:
- When a landlord or tenant of a regulated tenancy has objected to the rent assessed by The Rent Officer, the case will be referred by the Rent Officer to the RAC to determine the fair rent
- When a tenant with an assured tenancy applies for a determination of an open market rent for the property after the landlord tells the tenant that it plans to increase the rent (by serving the tenant with a notice in the form, Landlord's notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy
- When a tenant with an assured short hold tenancy applies within the first six months of the tenancy. Thereafter the tenant can apply if the landlord tells the tenant that it plans to increase the rent by serving the tenant with the form 'Landlord's notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy'
- A tenant with an assured short hold tenancy can within the first six months of their tenancy. Thereafter if their landlord tells them they plan to increase the rent (by serving them with the form, Landlord's notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy
- Where a fixed term assured or assured short hold tenancy has ended and the landlord or tenant has served a notice proposing new terms for the statutory periodic tenancy which has automatically risen, the recipient of the notice can ask the RAC to determine new terms and any rent adjustment for the statutory periodic tenancy.
- Where a long lease at a low rent governed by the Local Government and Housing Act 1989 has expired. Rent Assessment Committees: Market Rents
Rent Tribunals
Rent tribunals decide the rent the tenant should pay where the landlord lives in the property and a restricted contract exists between a resident landlord and the tenant and when there is an application from either party or the local authority
Leasehold Valuation Tribunals
A Leasehold Valuation Tribunal (LVT) makes decisions on various types of dispute relating to residential leasehold property. It is an independent decision making body which is completely unconnected to the parties or any other public agency. A Tribunal will look at the matter of the leasehold dispute for the property following an application to it.
Valuation and terms of acquisition
On an application to a LVT it can determine:
- the price to be paid and the terms of acquisition when a single leaseholder wants to buy (enfranchise) the freehold or extend the long lease of their house and the value cannot be agreed with the landlord
- the price to be paid and the terms of the new lease when a single leaseholder wants to extend or renew the lease of their flat and the value cannot be agreed with the landlord
- the price to be paid when a group of leaseholders wants to buy (collective enfranchisement) the leases of their flats and the value cannot be agreed with the landlord
- the amount of landlord's costs in dealing with an application to acquire a freehold or extend a lease
In addition, in cases where the freeholder or landlord is missing and cannot be found, on a reference to it from the court, the LVT can determine the price to be paid and the terms of the conveyance or lease.
Leasehold Disputes
On an application to a LVT it can determine:
- The liability to pay a service charge and administration charge and by whom, to whom, how much and when a charge is payable
- Whether to dispense with or to modify the landlord’s requirement to consult with leaseholders before carrying out major works and recharging leaseholders for these works via the service charge
- Whether an administration charge should be varied
- The liability to pay an estate charge and by whom, to whom, how much and when a charge is payable
- Whether an estate charge should be varied
- Whether an estate management charge should be varied
- Whether to vary long leases of flats
- Whether a Right To Manage Company is entitled to acquire the right to manage on the relevant date
- Whether a Right to Mange Company is entitled to acquire the right to manage where the landlord is missing
- The amount of costs incurred by the landlord (or other party to the lease other than the landlord and tenant) or a manager appointed in association with the exercise of the Right to Manage
- The amount of accrued uncommitted service charges to be paid by landlord/third party/manager to an Right To Manage Company
- Whether to appoint a manager of premises containing flats and who that manager should be
- Whether there has been a breach of a covenant or condition in a lease of residential property
Residential Property Tribunals
The Residential Property Tribunal (RPT) is a tribunal of two or three people. It is an independent decision making body which is completely unconnected to the parties or any other public agency. The Tribunal will look at the matter of the dispute following an application to the Tribunal. See guidance on RPT
RPT's can, in respect of houses, flats and maisonettes:
- Determine an appeal by a tenant from a decision by a Local Housing Authority or Housing Association to deny the right to buy their home on the grounds that the property is particularly suitable for occupation by elderly persons (under paragraph 11 of Schedule 5 to the Housing Act 1985). The RPT has no jurisdiction if the right to buy has been denied on any other grounds
- Determine an application made by a Local Housing Authority (LHA) for Empty Dwelling Management Orders (EDMOs) and appeals against Empty Dwelling Management Orders (EDMO's)
- Determine appeals against Improvement Notices
- Determine appeals against Prohibition Notices
- Determine appeals against Emergency Remedial Notices and Emergency Prohibition Orders
- Determine appeals/applications for Demolition orders
Residential Property Tribunals can, in respect of park homes:
- Determine an application by an occupier for an order requiring the site owner to give him a written statement as to the terms of the agreement to occupy as required by the Act. (NB. This type of application is not available to an occupier of a transit pitch on a local authority (including county council) gypsy and traveller sites)
- Determine an application by an occupier or a site owner to imply additional terms into an agreement (NB. This type of is not available to an occupier of a transit pitch on a local authority (including county council) gypsy and traveller sites)
- Determine an application by an occupier or a site owner to vary or delete express terms in an agreement and/or for an order to give effect to those terms (N.B. This type of application is not available to an occupier of a transit pitch on a local authority (including county council) gypsy and traveller sites)
- Determine an application by an occupier or a site owner relating to any question under the Mobile Homes Act 1983 or the agreement
- Determine an application by a site owner for authorisation to terminate for breach of agreement or because the sole or principal residency test is not met
- Determine an application by a site owner relating to detrimental effect of a home on the amenity of the site
- Determine an application by an occupier for the tribunal’s approval of a donee for the purposes of a gift of the mobile home and assignment of the agreement
- Determine an application by a site owner for the tribunal’s approval for the temporary relocation of the home on another pitch forming part of the site
- Determine an application by an occupier for an order that, where the owner has required the home to be stationed on another pitch so that he can replace or carry out repairs to the base on which the home is stationed, the owner must secure that on completion of the replacement or repairs the home is returned to the original pitch
- Determine an application by a site owner for an order that the pitch fee is reviewed and for a determination of the amount of the new pitch fee
- Determine an application by a site owner for an order that proposed improvements be taken into account when the pitch fee is reviewed.
- Determine an application by the secretary of a residents association for an order recognising the association as a qualifying residents' association.
- Determine an application by a site owner for a termination order on the ground that (a) the occupier has breached a term of the agreement and after having been given notice to remedy the breach has failed to do so within a reasonable time or (b) that the occupier is not occupying the home as his only or main residence or (c) that having regard to its condition the home is having a detrimental effect on the amenity of the site. In all of these cases the ground also requires that the tribunal considers whether it is reasonable for the agreement to be terminated.
Guidance documents
These guidance documents explain how to use our services.
Rent Assessment Committees
This guidance document describes the procedures for objections to fair rents determined by the Rent Officer under the rent Act 1977.
Rent Assessment Committees Fair Rents (T540)
This guidance document describes the procedure for application made under the Housing Act 1988.
Leasehold Valuation Tribunals
This guidance describes the procedure for applications made to determine disputes on Service Charges, Estate Charges, Administration Charges, Right to Manage, Variation of a Lease, Appointment of a Manager, Right to Manage, Landlord Choice of Insurer, Forfeiture and dispensation with Service Charge Consultation.
Leasehold Valuation Tribunals (T542)
This guidance describes the procedure for application made to determine disputes on Leasehold Enfranchisement, Lease Extensions, New Leases and right of First Refusal.
Leasehold Enfranchisement (Lease Extensions, New Leases, Rights of First Refusal) (T543)
This guidance describes the procedure for applications made for the recognition of Tenants Associations.
Tenant's associations (Application for recognition) (T544)
Residential Property Tribunal
This guidance describes the procedure for applications made for disputes involving Park Homes
Residential property - Park homes (T545)
Houses, flats and maisonettes
This guidance describes the procedure for applications made to determine the sale of a dwelling suitable for occupation by elderly persons.
Housing Health & Safety Rating System (HHSRS)
This guidance describes the procedure for applications and appeals relating to Improvement Notices, Prohibition Orders, Demolition Orders, and Emergency measures (Unfit properties).
Empty Dwelling Management Orders under the Housing Act 2004 (EDMO's)
This guidance describes the procedure for applications and appeals in respect of Empty Dwelling Management Orders.
Houses in Multiple Occupation (HMO's)
This guidance describes the procedure for applications and appeals relating to licensing of houses in multiple occupation (HMO's), Selective licensing and other residential accommodation.
Management Orders (MO's)
This guidance describes the procedure for applications and appeals relating to interim and Final Management Orders (MO's) under the Housing Act 2004.
