Decisions - Residential Property Tribunal
You can search for decisions and reasons made by Rent Assessment Committees and Leasehold Valuation Tribunals from 01 January 2005.
As soon as possible after they have dealt with the case Leasehold Valuation Tribunals and Residential Property Tribunals will issue a single document explaining their decision.
A Rent Assessment Committee will issue a single page decision document called the summary reasonsThis briefly explains the reasons for their decision. Both the landlord and the tenant have the right to ask for a fuller explanation of the reasons for the decision.
Rent disputes
The decision process can be complex and is fully described in the relevant Guidance Notes. This section contains summary information that may not apply in all cases.
Fair rents
For regulated tenancies, the RAC will determine a rent that reflects the current condition of the property in the open market after making adjustments to reflect any tenant's improvements and the 'scarcity element'.
The 'scarcity element' arises in localities where the number of people seeking to become tenants of similar properties substantially exceeds the number of properties available, thereby pushing the market rental values for comparable properties above what they would have otherwise been.
The RAC will also take account of any services provided by the landlord, and whether the rent includes council tax.
In certain circumstances, the RAC will apply the capping rules set out in the Rent Acts (Maximum Fair Rent) Order 1999 which, subject to certain conditions, links the amount by which fair rents can rise to percentage changes in the Retail Price Index. To find out more about how the capped rent is calculated you should read the guidance note on fair rents or contact the local rent assessment panel.
The final figure reached will be the fair rent.
Market rents
For assured tenancies, the RAC will first decide whether it has jurisdiction if necessary by holding a preliminary hearing. If it decides it does have jurisdiction, the RAC will determine a rent for the property that reflects what rent the landlord could reasonably expect to obtain in the open market if he were letting it on a new tenancy on the same terms as the present tenancy. This will include looking at rental values in the area for similar properties let on similar terms.
If the tenant has carried out improvements to the property, the RAC will ignore any effects these might have on the rental value. Similarly, if the rental value has been decreased because of a failure to carry out repairs for which the tenant is responsible, the RAC will value the property as if the repairs had been done. The RAC will take account of any services provided by the landlord, and whether the rent includes council tax. It is important to note that the RAC may determine a rent that is higher, lower or the same as that proposed by the Landlord.
For assured short hold tenancies where the application is made within the first six months of the tenancy, the RAC will only determine a rent if it considers there are enough similar properties let locally on assured short hold tenancies and that the rent payable for the property in question is not significantly higher than the rents payable under those tenancies. If those conditions are met, the RAC will determine the rent it considers the landlord might reasonably be expected to obtain.
Please see the Guidance Notes for information relating to other types of application.
The RAC will usually make its decision called a 'determination' within a few days of the inspection / hearing. The clerk will write to you enclosing the decision notice stating the rent determined by the RAC. This will state the date from which the rent determined will be payable. Rent Tribunal determinations are issued in a standard register format.
You will also be sent (at the same time or soon afterwards) a copy of the written reasons for the RAC's decision. If the RAC sends summary reasons you can, within 21 days of receipt, ask for full reasons, which should be issued within 28 days of receipt of your request.
Rent Assessment Committee and Rent Tribunal determinations are binding on all parties, although there are specific grounds for appeal.
Rent Assessment Committees have the power to issue correction certificates to rectify any clerical or accidental error or omission in a determination.
Appealing against a decision
There is no appeal against a determination by a Rent Assessment Committee or Rent Tribunal against the rent payable but there is a right of appeal to the High Court on a point of law. Appeals must be made within 28 days of the receipt of full reasons. Alternatively, if you consider that there has been a breach of the rules of natural justice, you could seek leave from the High Court to challenge the decision by judicial review.
Leasehold, Housing Act 2004 and Park Home disputes
The Tribunal will issue a document containing its decision and the reasons, usually within six weeks of the hearing. As a general rule the Tribunal cannot order one party to pay another's costs but it can order one party to reimburse any fees paid by another.
In leasehold disputes only, if the tenant has made a section 20C application the LVT has the power to make an order preventing the landlord recovering the costs of LVT proceedings as part of the service charge.
The decision of a Tribunal is binding upon the parties although there are rights of appeal to the Upper Tribunal (Lands Chamber) except where the application is made in respect of the Right to Buy. See: Right to buy
Tribunals have the power to issue correction certificates to rectify any clerical or accidental error or omission in a decisions.
Tribunals have no enforcement powers but its orders are enforceable in the same way as County Court orders.
Appealing against a decision
The right of appeal against all Tribunal decisions (except Right to Buy and decisions in respect of certificates of recognition for tenants’ associations) lies to the Upper Tribunal (Lands Chamber). Permission to appeal must first be sought from the Leasehold Valuation Tribunal (LVT) within 21 days of the reasons for the decision being sent. If permission to appeal is granted, the parties may appeal to the Upper Tribunal (Lands Chamber). If permission to appeal is refused, then an application for permission to appeal may be made direct to the Lands Tribunal within a further 14 days.
In respect of Right to Buy determinations, a landlord or a tenant can make an application to the High Court, under the Tribunals and Inquiries Act 1992, if they consider that the RPT has made a mistake of law. They must do so within 28 days of the receipt of the decision or within such longer period as the High Court might permit. Alternatively, if they consider that there has been a breach of the rules of natural justice a landlord or tenant can seek leave from the High Court to challenge the decision by way of a process known as 'judicial review'. Such leave should ordinarily be sought not later than three months from the above date. You should take legal advice if you consider that there might be grounds for High Court proceedings.
There is currently no appeal body for decisions made by a panel member in respect of the grant or refusal to grant a certificate of recognition for a tenants' association.
