Rule 21: the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013/1169: Site inspections

(1) Subject to paragraph (2), the Tribunal may inspect—

(a) the land, property or premises which is the subject of the application;

(b) any other land, property or premises inspection of which may assist the Tribunal in determining the application;

(c) the locality of the land, property or premises.

(2) The making of and attendance at an inspection is subject to the Tribunal obtaining all appropriate consents to its request for entry.

(3) The Tribunal must give reasonable written notice of the date and time proposed for the inspection.

(4) The Tribunal may include in its request for entry a request to be accompanied by one or more of—

(a) the parties (and any party’s representative);

(b) in an agricultural land and drainage case, the official expert;

(c) if the Tribunal considers necessary—

(i) any party’s witness;

(ii) one or more members of the Tribunal’s staff;

(d) any other person, if the Tribunal considers it appropriate.

(5) In an agricultural land and drainage case, the condition of consent referred to in paragraph (2) does not apply, but the exercise of the right of entry under this paragraph or paragraph (6) is subject to the Tribunal making a direction requiring the person who is the owner or occupier to permit entry to the land, property or premises.

(6) In an agricultural land and drainage case, the Tribunal may direct any person who owns or occupies any land or premises which are relevant to the proceedings to permit the official expert to enter and inspect the land or premises for the purposes for which the official expert was appointed.

(7) Every direction under paragraph (5) or (6) must, unless the occupier was present when the direction was made, contain a statement that the occupier may apply to the Tribunal to vary or set aside the direction.

(8) Where a direction has been made under paragraph (5) or (6), the occupier of the land, property or premises must be given at least 7 days’ notice of any inspection.

(9) Rule 19 also applies to the report and evidence of the official expert.

Many service charge disputes begin with an inspection of the property subject of the dispute, and this rule preserves that custom.

Under the new rule however, the Tribunal will have the power to request the company of various individuals, as opposed to simply giving the parties an opportunity to attend.

I infer that the insertion of “reasonable written notice” into new subrule 3, as opposed to “notice” under the old rule 17 is the result of telephone calls the day before an inspection not having been received, parties consequently not having attended the inspection, and a certain amount of vexation having ensued.

Note finally in connection with service charge cases that, whilst nothing in the new rules prevents the Tribunal from inspecting property after the close of a hearing, there is no provision, as there was in the old rules, for the re-opening of a hearing on account of any matters arising from the inspection.

This may be circumvented by the new Tribunal not closing the hearing until after the inspection, but I suspect that the reason for the removal of that subrule is to ensure that the parties and the Tribunal focus their minds on proper preparation for any hearing, rather than leaving some decisions until the last minute.

Subrules 5 to 9 apply to agricultural land and drainage cases, which inhabit a different realm to mine.

Section 47, Landlord and Tenant Act 1987.

Section 21B, Landlord and Tenant Act 1985.

Service Charges (Summary of Rights and Obligations and Transitional Provisions) (England) Regulations 2007/1257.

Service Charges (Summary of Rights and Obligations and Transitional Provisions) (Wales) Regulations 2007/3160.

Section 20B(1), Landlord and Tenant Act 1985.

• If not, has the landlord, within eighteen months of incurring the costs, notified the tenant that those costs have been incurred and that the tenant will subsequently be required under the terms of the lease to contribute to them by way of service charge?

Section 20B(2), Landlord and Tenant Act 1985.