Rule 36: the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013/1169: Decisions

(1) The Tribunal may give a decision orally at a hearing.

(2) Subject to rule 17(8) (prevention of disclosure or publication of documents and information), the Tribunal must provide to each party as soon as reasonably practicable after making a decision (other than a decision under Part 6) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 6(3)(g)—

(a) a decision notice stating the Tribunal’s decision;

(b) written reasons for the decision or, in cases relating to rents, notification of the right to request written reasons under paragraph (4); and

(c) notification of any right of appeal against the decision and the time within which, and manner in which, such right of appeal may be exercised.

(3) The Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

(4) Where a party is notified under paragraph (2)(b) of the right to request written reasons any such request must be made not later than 1 month from the date the Tribunal sends to the party the decision notice and notification of any right of appeal.

This new rule sets out the circumstances in which the Tribunal is obliged to provide written reasons for its decision, and those in which it has a discretion as to whether it provides them. The reference to Part 6 is not a reference to rule 6. Part 6 is the final section of the Rules, containing rules 49, 50, 51, 52, 53, 54, 55 and 56.

As in old rule 18, the Tribunal may give an oral decision at any hearing, but it must, as soon as reasonably practicable after making a decision, give written reasons where it has reached:

• a decision on a preliminary issue – for example, whether the charges in dispute are service charges within the meaning of section 18 of the Landlord and Tenant Act 1985, and
• a decision which finally disposes of all issues in the proceedings. This might be by the striking out of a case, or following a four-week hearing of evidence and submissions.

One of the key differences in this new rule, compared to old rule 18, is that the Tribunal is required, when it provides its written reasons, to notify the parties of any right of appeal, the time frame for appealing and, perhaps most importantly, how an appeal may be brought.

Reasons are discretionary in hearings which are not hearings which mandate reasons. Directions hearings and pre-trial reviews spring immediately to mind.

Neither the clause in subrule 2(b) relating to rents nor subrule 4 apply to service charges.