Rule 30: the Tribunal Procedure (First-tier Tribunal) (Property Chamber): the response

(1) In circumstances to which rule 28(1)(b) or 29(8) (certain land registration cases) apply, the respondent’s response must—

(a) state the respondent’s reasons for supporting or objecting to the original application or for objecting to the rectification application (as the case may be);

(b) be accompanied by copies of any documents available to the respondent which—

(i) are important to the respondent’s case; or

(ii) the Tribunal or any other party to the proceedings will require in order properly to understand the respondent’s case; and

(c) in circumstances to which rule 28(1)(b) applies, be the respondent’s statement of case and sent or delivered to the Tribunal within such time as the Tribunal may direct.

(2) In an appeal, paragraphs (3) to (6) apply.

(3) The respondent must, unless a practice direction or direction makes different relevant provision, within 28 days after the date on which the respondent was provided with a copy of the notice of application, send or deliver to the Tribunal a response.

(4) The response must state—

(a) the name and address of the respondent;

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

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

(d) where not included in the application, the name and address of every person who appears to the respondent to be an interested person, with reasons for that person’s interest;

(e) whether the respondent opposes the application and, if so, any grounds for such opposition which are not contained in another document provided with the response;

(f) whether the respondent would be content for the case to be dealt with without a hearing if the Tribunal considers it appropriate; and

(g) any further information or documents required by a practice direction or direction.

(5) The respondent must provide with the response a copy of any written record of the decision appealed and any statement of reasons for that decision that the applicant did not provide and the respondent has or can reasonably obtain.

(6) The respondent must send or deliver a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

Does this rule apply to service charge cases?

This one has caused much wailing and gnashing of teeth: does it apply to service charge cases or not?

Having done a straw poll amongst my colleagues, and discussed it at length with Christopher Last at the Leasehold Advisory Service, I have come to the conclusion that service charge cases are not caught by this rule.

Subrule 1 definitely does not apply because it expressly only applies to land registration cases.

It is subrule 2 which initially put the cat amongst my cognitive pigeons. For a reason still shrouded in mystery, I approached it expecting that all respondents would have to provide a response to an application, my service charge hat firmly attached. I was baffled as to how rules relating to appeals had suddenly made an appearance in the midst of rules about beginning proceedings.

The penny finally dropped when I remembered that the Tribunal does not exist for the resolution of service charge disputes alone. It is also an appeal tribunal, and in referring to appeals, subrule 2 does not refer to appeals from the Tribunal, but appeals to it.

Therefore, nothing in rule 30 requires a respondent to a leasehold case to file a response within any particular period of receipt of an application.

The rule 29 notice

By rule 29(2), “the Tribunal must also provide to the respondent a written notice informing the respondent of the requirements of rule 30.”

If my interpretation of rule 30 is correct, there is no need for action on receipt of such a notice. It is a requirement for all cases in the Tribunal, even though in fact it only applies to two types of proceedings. The Tribunal rules do not mirror the Civil Procedure Rules in obliging the respondent to send in any acknowledgement of service or defence within a given period of receiving the application notice.