Rule 26: the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013/1169: Starting proceedings

(1) An applicant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of application.

(2) Such an application must be signed and dated and, unless a practice direction makes different provision, include—

(a) the name and address of the applicant;

(b) the name and address of the applicant’s representative (if any);

(c) an address where documents for the applicant may be sent or delivered;

(d) the name and address of each respondent;

(e) the address of the premises or property to which the application relates;

(f) the applicant’s connection with the premises or property;

(g) the name and address of any landlord or tenant of the premises to which the application relates;

(h) the result the applicant is seeking;

(i) the applicant’s reasons for making the application;

(j) a statement that the applicant believes that the facts stated in the application are true;

(k) the name and address of every person who appears to the applicant to be an interested person, with reasons for that person’s interest;

(l) in agricultural land and drainage cases, a description of all the land or holding to which the application relates;

(m) in agricultural land and drainage cases relating to succession under section 39, 41 or 53 of the 1986 Act—

(i) confirmation that the applicant has given prior written notice of the application to the landlord of the holding and has brought the application to the notice of other persons interested in the outcome of the application; and

(ii) the names and addresses of each person to whom the applicant has provided such notice;

(n) all further information or documents required by a practice direction.

(3) Where an application is made to which a paragraph in a practice direction relating to residential property cases or leasehold cases applies, it must be accompanied by the particulars and documents specified in the relevant paragraph.

(4) In proceedings to appeal a decision to the Tribunal, the application must be accompanied by a copy of any written record of that decision and any statement of reasons for that decision that the applicant has or can reasonably obtain.

(5) The applicant must provide with the notice of application any fee payable to the Tribunal.

(6) This rule does not apply to the extent that rule 28 applies. Referred and transferred cases

(7) This rule does not apply where a form is prescribed for the purposes of starting proceedings in the Tribunal under Part V of the Rent Act 1977 (rents under restricted contracts) or Part 1 of the Housing Act 1988 (assured tenancies, shorthold and non-shorthold).

Sometimes it is only when the very obvious is mentioned that I realise what has been missing.

The old rules did not explain how to start proceedings in the LVT. Old rule 1 contained the normal citation, commencement and application provisions; old rule 2 provided for interpretation of certain terms, and old rule 3 plunged straight in with “the particulars to be included with an application are…”

Nowhere in those old rules was there an explanation of when and how a case was started.

Subrule 1 is therefore a handy guide for the uninitiated, even if it is hidden away at rule 26.

Contents of an application

I think that it is fair to say that leasehold cases escape comparatively lightly here: there are no real significant or time-consuming changes to the old rules.

An application to the Tribunal does however require more information than was the case in an application to the LVT. The extra requirements are:

(a) the name and address of the applicant’s representative (if any);

(b) an address where documents for the applicant may be sent or delivered;

(c) the applicant’s connection with the premises or property;

(d) the result the applicant is seeking;

(e) the applicant’s reasons for making the application.

Note that not all of the new requirements apply to service charge cases:

• requirement (k) is to provide the name and address of interested parties. In service charge cases, there is no so person as an interested party within the meaning of the rules, even if there are interested persons aplenty in the non-technical sense of the word;
• requirements (l) and (m) apply only to agricultural land and drainage cases;
• subrule 4 only applies to cases which are appeals to the Tribunal. This does not affect service charge cases, and
• subrule 7 disapplies the rule in certain cases, which again, do not fall within the ambit of service charges.

Compliance with practice directions

The format of new rule 26 is however very different to old rule 3. Remember how old rule 3 had applicants sifting through two Schedules? The new rules are schedule-free, but in some cases, including leasehold cases, oblige the parties to comply with the relevant practice direction.

At the time of writing, I do not think that any practice directions have been issued, but I will keep my ear to the ground and update this post as and when the position changes.

I can’t help feeling that the LVT may have viewed leasehold cases as errant children, because the requirement to comply with a practice direction applies to these cases not only generally in requirement (n), but also specifically in subrule 3. Have we really been that bad at supplying information and documents in the past that we need to be reminded twice to comply with practice directions? Perhaps we have.

In the absence of a practice direction, it is probably advisable to continue to provide at least the documents previously required by the LVT in paragraph 2 of Schedule 2 of the old rules, viz:

• The name and address of the secretary of any recognised tenants’ association;
• A copy of the lease.

Fees

Subrule 5, the obligation to pay any relevant fee with the application, is also incorporated into the new rules. This is much neater than before.

Under the old system, the obligation to pay the fee appeared in the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003/2098. The only reference to fees in the old procedure rules was in old rule 7, which provided for what was to happen – nothing followed by deemed withdrawal after a month – if the fee was not paid.

Cases not started in the Tribunal

Subrule 6 releases certain cases from the obligation to complete a notice of application. These cases are specified in new rule 28. They are effectively cases which are transferred, sent or referred to the Tribunal, and arrive with history.