Rule 1: The Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013/1169, rule 1: Citation, commencement and interpretation

This very first rule provides that the Rules may be cited as the “Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013”.

It confirms that they come into force on 01 July 2013, and apply to proceedings before the Property Chamber of the First-tier Tribunal.

The remainder of the rule is devoted to definitions and interpretation of words and phrases used in the Rules. They run to two pages, but the following seem to me to be relevant to service charges – as much for what they do not define as for what they do.

“The 2007 Act”: The Tribunals Courts and Enforcement Act 2007.

“Document”: “Anything in which information is recorded in any form, and an obligation under these Rules or any practice direction or direction to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form”.

In other words, electronic communications, text messages and the like are covered.

“Hearing”: “An oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication”.

This may seem obvious, but there are areas of law where it is difficult to tell – a third surveyor’s award under the Party Wall Act Etc 1996 is a good example.

“Interested person”: This definition relates to “agricultural land and drainage cases” and “residential property cases”. Rather oddly, service charge cases are not residential property cases: see below.

“Leasehold case”: “A case in respect of which the Tribunal has jurisdiction under any of the enactments specified in section 176A(2) of the Commonhold and Leasehold Reform Act 2002”.

Section 176A is one of the shiny new sections inserted into the 2002 Act by the Transfer of Tribunal Functions Order 2013. The enactments specified are:

(a)    The Commonhold and Leasehold Reform Act 2002

(b)   the Leasehold Reform Act 1967,

(c)    the Landlord and Tenant Act 1985,

(d)   the Landlord and Tenant Act 1987,

(e)    the Leasehold Reform, Housing and Urban Development Act 1993, and

(f)    the Housing Act 1996.

Service charge and administration charge cases are therefore “leasehold cases” under the new Rules, since they are normally brought under s.27A of the 1985 Act or Schedule 11 of the 2002 Act.

“Official expert”: Not an independent expert appointed by the Tribunal to determine disputes. In fact, an “official expert” has nothing to do with service charges. S/he has everything to do with the new Tribunal’s powers to deal with agricultural land and drainage cases.

“Original application”: Another definition which does not apply to residential service charges: an original application is “the application made to the registrar under the Land Registration Act 2002 that resulted in a reference”.

“Practice direction”: “A direction given under section 23 of the 2007 Act”.

Section 23 of the 2007 Act empowers the Senior President of Tribunals and the Chamber President to give directions as to the practice and procedure of the First-tier and Upper Tribunals generally, and as to the practice and procedure in the specific Chamber respectively.

At this point in time, no directions have yet been given for the First-tier Tribunal, but I suspect that some will be forthcoming for the Property Chamber once it starts working. So far as I am aware, the Practice Directions for the Lands Chamber of the Upper Tribunal will continue as before.

“Qualifying residents’ association”: “An association that meets the requirements set out in Part 1 of Schedule 1 to the 1983 Act”.

The 1983 Act is the Mobile Homes Act 1983. A “qualifying residents’ association” in the Rules is not therefore a re-casting of “recognised tenants’ association” within the meaning of s.29 of the Landlord and Tenant Act 1985.

“Residential property case”: “A case in respect of which the Tribunal has jurisdiction conferred by or under the 1983 Act, the Housing Act 1985 or the 2004 Act”.

I initially wondered if I had found a typo, and that “Housing Act 1985” was meant to read “Landlord and Tenant Act 1985”, but no. Service charges are “leasehold cases” (see above), not “residential property cases”.

“Tribunal”: the First-tier Tribunal. I reckon that is self-explanatory.

Finally, and by way of comfort, the parties to an application remain the Applicant and the Respondent.

Tomorrow: Rules 2, 3 & 4 – Rules not overriding enactments; the overriding objective and parties’ obligation to co-operate with the Tribunal; alternative dispute resolution and arbitration.