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Laura Severn (LinkedIn)
Owner & Director | LMP Law Ltd
The First Tier Tribunal (Property Chamber) - FTT
An A-Z guide of some useful points to be aware of if you are new to dealing with the FTT.
Usually an Application must be made to the FTT in order to start a case and a fee may be payable.
Bundles used before hearings can cause a lot of frustration - too many documents (not all relevant), differing page numbers and parties not having seen various bits of evidence in advance.Make sure yours is in order and easy to follow.
It is important to behave reasonably throughout the whole process as Costs can be awarded against you for unreasonable behaviour.
Directions will be given by the Tribunal as part of their Case Management procedure - for example the date by which parties have to exchange evidence. It is crucial that all deadlines are adhered to.
Be ready to speak and provide Evidence orally at the hearing and also to answer any questions from the other side. You will also get to ask questions of the opposing party when it is their turn to give their evidence.
The FTT has Five regional offices throughout the country.
Go and see- The FTT is open to the public and there is no better way to see how it works in practice than sitting in and observing.
Hearings will take place either at the Tribunals office (if they have one) or at a private hotel (or similar).
There may be a site Inspection of the property by the Tribunal panel.
The Tribunal has the Jurisdiction to deal with cases relating to– Leasehold disputes i.e. reasonableness of Service Charges/Rent increases/Leasehold Enfranchisement/Park Homes disputes.
Keep calm and stick to the facts. Avoid letting personal opinions or prejudices get in the way of your case.
The FTT was formally known as the Leasehold Valuation Tribunal (LVT) – and it still is called that in Wales.
Mediation (formal or otherwise) is actively encouraged at any stage.
No need to be Nervous. There is less formality at the FTT than at the County Court and parties regularly represent themselves. Although in order to obtain best outcome many parties choose to get legal experts on board.
The Overriding Objective of the FTT is to treat cases justly and fairly.
Parties can ask the Tribunal to determine their cases “on Paper” based on written submissions only, without the need for an oral hearing.
You might find that the outcome of your case is Quoted in various online forums or in the Tribunals log of case outcomes.
Regulation –The rules regarding procedure and process are prescribed under the Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013.
The FTT has the power to Strike Out a party’s case in certain circumstances – like not complying with a Direction.
The Tribunal are usually made up of 3 members – one legally trained, one surveyor and one lay person.
If you do not agree with the outcome then you can apply for permission to appeal to the Upper Tribunal (Lands Chambers).
The panel usually provide their Verdict (determination) in writing within 6 weeks of the hearing.
You are able to call Witnesses on your behalf. Statements must be provided in advance and they are liable to questioning from the other side at the hearing.
If eXpert evidence is required then the Tribunal would prefer a joint expert. The Tribunal’s permission is required for expert evidence. A written report in advance of the hearing also needs to be provided.
You need to be prepared. Know your documents, know the issues at hand and be prepared to provide a short explanation of events.
Whilst the Tribunal can determine the issues at hand – frustratingly they hold Zero powers of enforcement. You may need to seek advice on next steps if the findings of the Tribunal are not followed.