Phone
For all enquiries and information call us on: 0845 600 3178
We have collected together some of your most frequently asked questions onto these tabs. More detailed information is contained in the Guidance documents.
FAQs - All FAQs
General Questions
1. What advice can RPTS provide?
RPTS is required to remain impartial in dealing with disputes. Although we can advise you about the procedures we follow, we cannot provide you with legal advice, nor can we provide guidance about the best way to present your case.
2. Which Panel should I send my application to?
The location of the property in dispute (often referred to as the "subject property") generally determines which RPTS regional office will handle the case. You should therefore apply to the regional office in which the property in dispute is located. Details of the local authority areas covered by each RPTS region can be found on our contact us page or can be obtained by calling the RPTS National Help line on 0845 100 3178.
3. What if there are some administrative errors in my decision?
Rent Assessment Committees and Leasehold Valuation Tribunals have the power to issue correction certificates to rectify any clerical or accidental error or omission in a decision.
4. Can I request a postponement at the hearing if I needed more time to submit new evidence?
Yes. The Residential Property Tribunal has discretion to grant a postponement but will need to be convinced that it is justified in the circumstances of the case.
5.(For tenants living in London) Can I request a domiciliary hearing instead of coming to central London because of recent bomb incidents?
No. Domiciliary hearings may be arranged where a party is unable, usually for health reasons, to travel to central London.
Leasehold Valuation Tribunals
6. How long will it take to receive the Tribunals LVT decision?
The LVT will send you the decision and the reasons behind it within 6 weeks of the hearing (or paper determination if there was no hearing). In some circumstances the LVT may let the parties know the decision at the end of the hearing itself.
7. What happens if I wish to withdraw my LVT application?
As long as you are the applicant, you can withdraw your application at any stage. You should notify the LVT in writing and copy this to all other parties involved in the application.
8. How can I enforce the Tribunals decision if the other party does not comply?
The LVT have no enforcement powers but its orders are enforceable in the same way as County Court orders. If a party does not comply with the decision of the LVT, you should contact your solicitor immediately. County Court proceedings may be initiated to enforce the decision.
9. I want to be included in a current LVT application. How do I go about this?
Applications to the LVT often affect others. If you wish to be included in an application - either as an applicant or respondent you should write to the case clerk, if possible, or to the LVT generally stating the reasons why you wish to join. You should quote the address of the property in question and the case reference number. The Tribunal will then consider the request as it has discretionary powers on who can join applications already being processed. Generally, the tribunal will only permit to join those who will be directly affected by the outcome of the case.
10. What is a Pre Trial Review (PTR)?
A Pre-Trial Review (PTR) is a short preliminary hearing conducted by a Tribunal Chairman with, occasionally, other members also sitting with them. The aim of a PTR is to establish the key issues within the application and to see if any of them can be resolved ahead of a full hearing. It is therefore recommended that both parties attend. The Tribunal will not make a final decision at the end of a PTR as it is not a full hearing of the application. No fee is payable for a PTR.
11. Are there any fees involved?
There are fees involved in some, but not all, applications and these fees vary depending on the amount of money in dispute, or the number of dwellings to which the application relates. Additionally some types of application require payment of a hearing fee, if a hearing takes place. The table below gives details on how the fees are calculated.
| Service or Administration Charges | Fee Payable |
|---|---|
| Application Fee: | |
| - amount not more than £500 | £50 |
| - more than £500 but not more than £1000 | £70 |
| - more than £1000 but not more than £5000 | £100 |
| - more than £5000 but not more than £15000 | £200 |
| - more than £15000 | £350 |
| Hearing Fee: | £150 |
Dispensation with Service Charge Consultation Requirements, Appointment of Manager, or Variation of Lease
| Application fee: | Fee Payable |
|---|---|
| - 5 or fewer dwellings | £150 |
| - between 6 and 10 dwellings | £250 |
| - more than 10 dwellings | £350 |
| Hearing fee | £150 |
If you or your partner is in receipt of one of a specified number of benefits you can apply for a waiver of the fees. The specified benefits are as follows:
- Income Support
- Housing Benefit
- Income Based Job Seekers Allowance
- A working tax credit with a disability element or the applicant or partner is also in receipt of child tax credit, and the gross annual income taken into account for the calculation of the working tax credit is £14,213 or less
- A guarantee credit under the State Pensions Credit Act 2002.
- A certificate issued under the Funding Code which has not been revoked or discharged and which is in respect of the proceedings before the tribunal the whole or part of which have been transferred from the County Court for determination by a tribunal
- A working tax credit where the Gross Annual Income used to calculate the tax credit is £14,213 or less.
12. Can I say anything at the inspection in support of my application?
Both parties can draw attention to any physical aspect of the property that they wish the Committee/Tribunal to see. However parties may not make any representations during the inspection - representations must be made at the hearing or have been made in writing.
13. How long will it take to process my LVT application?
The time involved in processing and hearing an application will vary depending on the complexity of the dispute and, sometimes, on the number of applications being received. Your application will be acknowledged within 14 days of receipt in the office.
If the tribunal thinks it is appropriate, and all the parties agree, it is possible for some applications (usually the more straightforward ones) to be dealt with entirely on the basis of written representations and documents, without the need for parties to attend a hearing and make oral representations. Other cases are allocated to either a fast track or standard track procedures. You will be asked on your application form if you would like to have your case treated on a paper-only basis, as fast track, or as standard track.
If the application is treated as a fast-track case, the LVT will aim to hear it within 10 weeks; if treated as standard, the LVT aim to hear the application within 20 weeks. The LVT will then decide if your case can be dealt on the basis of written representations only, or as a standard or fast track case.
14. How long will it take to receive the Tribunal's LVT decision?
The LVT will send you the decision and the reasons behind it within 6 weeks of the hearing (or paper determination if there was no hearing). In some circumstances the LVT may let the parties know the decision at the end of the hearing itself.
15. What can I do if I am not happy with the service provided or the Tribunal's decision?
The RPTS has a formal complaints procedure for handling complaints about our service. A copy of our complaints procedure leaflet is available from our offices and from this web site.
However the RPTS will not consider complaints about decisions on cases or the way in which a tribunal conducted proceedings: these should properly be the subject of a formal appeal to the Lands Tribunal.
16. Can I represent myself at a Tribunal?
Yes. Leasehold Valuation Tribunals were set up specifically to provide a less formal means of resolving disputes than is provided by the Courts and where parties can represent themselves. However you may wish to discuss this with an adviser particularly if the application involves complex technical matters. In such circumstances it may be of some help to have an independent specialist support your case. Such a specialist may provide a report setting out the evidence supporting your case, and/or attend the hearing, either with you or as your representative (without you being present).
17. Can you recommend any representatives to assist me with my application?
As a quasi-judicial body we cannot recommend representatives.
However the government-sponsored Leasehold Advisory Service (LEASE) maintains a list of specialist representatives working in this field:
Leasehold Advisory Service
2nd Floor, 31 Worship Street
LONDON
EC2A 2DX
Tel: 020 7374 5380 (Mon - Fri 0930 to 13:00 and 14:00 to 15:30.
Fax:: 020 7374 5373
Website: www.lease-advice.org (new window)
e-mail: info@lease-advice.org
Rent Assessment Committees
18. Where can I obtain an application form for the registration of a Fair Rent under the Rent Act 1977?
Application forms for the registration of a Fair Rent can be obtained from The Rent Officer Service for the local authority in which the property is situated. Alternatively a copy may also be obtained from the Rent Service Web site www.therentservice.gov.uk (new window)
19. Where can I obtain the Landlord's notice under section 13?
This form can be obtained from OtezStraker retail stores, Blackwells, Heffer's or the Stationery Office Bookshop. Alternatively you can obtain the form direct from OyezStraker by telephone (Tel 0870 737 7370) or via their web site www.oyezformslink.co.uk (new window)
20. Where can I obtain the tenants application under Section 13?
From a Residential Property Tribunal Office. Details of our offices can be found on the contact s page or from the RPTS National Help line on 0845 100 3178
21. Where can I obtain an application under Paragraph 11 to Schedule 5 of the Housing Act 1985?
From a Residential Property Tribunal Office. Details of our office can be found on our contact us page or from the RPTS National Help line on 0845 100 3178.
22. What points should I make in my written representations?
You should point out anything that you consider would have a bearing on the rent that can be determined by the Rent Assessment Committee. You can also comment on anything that the other party has written or has said at any hearing.
23. Will my personal circumstances be taken into account when determining the rent?
For applications dealt with under the Rent Act 1977 i.e. an objection to the registered fair rent, personal circumstances such as the means of the Landlord or Tenant must be ignored by the Rent Assessment Committee in reaching its decision. For Applications received under the Housing Act 1988 only in the following circumstances. If as a result of a Landlord having served notice on a tenant under Section 13 of the Housing Act 1988 proposing a new rent increase, the tenant applies to the rent Assessment Committee to determine the market rent, any increase in the rent will take effect from the date specified in the Landlords notice. A tenant who considers that this would cause him or her undue hardship can seek to persuade the committee that this is indeed the case and the Committee should fix a later date of the Committee's decision.
24. Do I have the legal right to refuse the Committee access to inspect my property
Yes
25. Do I have the right to refuse my Landlord entry to my property during an inspection?
Yes, but the Committee may not consider it appropriate to inspect the property where one of the parties has been excluded.
26. Can I say anything at the inspection in support of my application?
Both parties can draw attention to any physical aspect of the property that they wish the Committee/Tribunal to see. However parties may not make any representations during the inspection - representations must be made at the hearing or have been made in writing.
27. How does the Rent Assessment Committee reach its decision when deciding a Fair Rent ?
The Rent Act 1977, Section 70, requires a Committee to have regard to the following factors when deciding what a fair rent for the property is: the age, character, locality and state of repair of the property, the quality and condition of any furniture provided under the tenancy.
28. How does the Rent Assessment Committee reach its decision when deciding a Market Rent?
Following a Section 13 application the Committee will first decide whether it has jurisdiction. For example it may consider the validity of the landlord's notice and whether the application has been received on time. If it decides that it does have jurisdiction the committee will then proceed, under Section 14, to decide what the rent the landlord could reasonably expect to obtain in the open market if he were letting it on a new tenancy on the same terms as the present tenancy. It is important to note the rent determined could be higher or lower, or the same as that proposed in the landlord’s notice.
29. Where can I view past RPT decisions?
Decisions can be inspected at the RPTS office for the area in which the property lies. Alternatively you can view decisions from our decisions archive.
30. Is there a right of appeal against the Rent Assessment Committee's decision?
You can appeal to the High Court, under the Tribunals and Inquiries Act 1992, if you consider that the Committee has made a mistake of law. You must do so within 28 days of the receipt of full reasons for the decision or within such longer period as the High Court might permit. Alternatively, if you consider that there has been a breach of the rules of natural justice you could seek leave from the High Court to challenge the decision by way of a process known as “judicial review”. Such leave should ordinarily be sought not later than three months from the above date. You should take legal advice if you consider that there might be grounds for High Court proceedings.
31. If I am unhappy with a Committee decision, to whom can I complain?
The Residential Property Tribunal Service will not consider complaints about decisions on cases or the way in which a Committee conducted proceedings: these should properly be the subject of a formal appeal to the High Court.
The RPTS does, however, have a formal complaints procedure for handling other types of complaint. A copy of our complaints procedure leaflet is available from our offices and from this web site.
Residential Property Tribunals
32. Is there a right of appeal against the Residential Property Tribunal's decision?
You can appeal to the High Court, under the Tribunals and Inquiries Act 1992, if you consider that the Committee has made a mistake of law. You must do so within 28 days of the receipt of full reasons for the decision or within such longer period as the High Court might permit. Alternatively, if you consider that there has been a breach of the rules of natural justice you could seek leave from the High Court to challenge the decision by way of a process known as “judicial review”. Such leave should ordinarily be sought not later than three months from the above date. You should take legal advice if you consider that there might be grounds for High Court proceedings
33. If I am unhappy with the Committee decision, to whom should I complain?
The Residential Property Tribunal Service will not consider complaints about decisions on cases or the way in which a Committee conducted proceedings: these should properly be the subject of a formal appeal to the High Court.
The RPTS does, however, have a formal complaints procedure for handling other types of complaint. A copy of our complaints procedure leaflet is available from our offices and from this web site.
34. How does the committee reach its decision?
The Residential Property Tribunal will first decide whether it has jurisdiction. If it decides that it does have jurisdiction the tribunal will proceed to decide whether the Local Housing Authority may refuse to let the tenant buy their home on the grounds that it is particularly suitable for occupation by elderly people (under the provisions of paragraph 11 of Schedule 5 to the Housing Act 1985).
35. Can I view past RPT decisions?
Yes. Decisions made by Residential Property Tribunals will be made available on this web site and may also be inspected at the RPTS office covering the area in which the property is located.
36. What if there are some administrative errors in my decision?
Residential Property Tribunals have the power to issue correction certificates to rectify any clerical or accidental error or omission in a decision.