Applications - Residential Property Tribunal
Rent disputes
A RAC can decide the following types of dispute but you should note that there are time limits for applying to a RAC.
Protected tenancies
If a landlord or tenant of a regulated tenancy has objected to the rent assessed by the rent officer in which case the matter will be referred by the Valuation Office Agency to a RAC for it to determine the fair rent. If you wish to have the rent determined by a RAC, then 28 days of it being fixed, you should write to:
The Valuation Office Agency
Wycliffe House
Green Lane
Durham
DH1 3UW
They will then refer your objection to a RAC.
Download guidance notes describing the procedures for objections to fair rents (PDF, 91KB)
Assured Periodic tenancies
A tenant with an assured periodic tenancy can apply to a RAC for a determination of an open market rent for the property after the landlord has served the tenant with a Notice of Increase under section 13 if the Housing Act 1998. A tenant seeking to have the rent determined by a RAC should apply to it before the new rent is due to start.
Landlords wishing to serve a notice of increase under section 13 of the Housing Act 1998 can be obtain a form from OyezStraker retail stores, Blackwells, Heffer's or the Stationery Office Bookshop. Alternatively you can obtain the form direct from OyezStraker by telephone on 0870 737 7370 or via their web site www.oyezformslink.co.uk
Assured Shorthold tenancies
A tenant wishing to have a market rent determined should apply to a RAC before the end of the first six months of the tenancy. Thereafter a tenant can apply if the landlord serves them with a Notice of Increase under section 13 if the Housing Act 1998.
Download application form for determination of a rent under an Assured Shorthold Tenancy by a RAC (PDF, 150KB)
Where a fixed term assured or assured shorthold 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 can determine new terms and any rent adjustment for the statutory periodic tenancy. If you wish to have the rent determined by a RAC you should apply to a RAC before the new rent is due to start. RAC's can also become involved where a long lease at a low rent that is governed by the Local Government and Housing Act 1989 has expired.
See guidance notes for describing the procedure
Download application form for referring a notice proposing different terms for a statutory periodic tenancy to a RAC (PDF, 131KB)
Rent Tribunals
Very infrequently, a RAC will sit as Rent Tribunal to determine the rent to be paid by a tenant. A Rent Tribunal will consider an application from the landlord, the tenant or the local authority in cases where the landlord lives in the property and a restricted contract exists between a resident landlord and the tenant. Procedures for these types of case are similar to those of the RAC
Processing the application
After receiving an application, the Case Officer will send case papers for the dispute to all the parties involved, with a date for the hearing. The parties can then submit written representations, and decide whether they want to attend an oral hearing.
Leasehold and Valuation disputes, Housing Act 2004 disputes and Park Home disputes
Making an application
All of the guidance documents and forms are available from the panel office.
In leasehold disputes sometimes the application will be transferred to the LVT from the County Court. This will usually happen if the County Court is dealing with a case that includes issues which the LVT can deal with and the judge decides to make an order transferring those issues to the LVT. The claimant in the County Court becomes the applicant to the LVT. Any fees payable will be adjusted to take account of any fees paid to the County Court before an invoice is issued. See guidance and forms
Processing the application
Your application will be acknowledged within 14 days of receipt in the office, the Case Officer will then write to the other parties enclosing copies of the application and advising them of the next steps.
Some straightforward cases can be decided without a hearing (a paper determination) when all sides agree that the Tribunal should consider documents and written representations alone.
However, the majority of cases require a hearing, where the parties and their witnesses attend to give oral evidence and to explain their case. In which case, on receipt of the application, the Tribunal may issue directions setting out the steps to be taken by the parties to ensure that all the necessary information about a case is provided.
If the case is complex the Tribunal will decide to deal with the case on the standard track. Tribunal may then hold a pre-trial review (PTR) or Case Management Conference (CSM) to try and identify the issues in the case and to see if any part of the dispute can be resolved by agreement. After the PTR or CSM the Tribunal will issue directions requiring the parties to take specified steps to ensure that all necessary information about the case is provided.
