A party to proceedings before a residential property tribunal (RPT) may appeal to the Lands Chamber under section 231 of the Housing Act 2004. Permission to appeal is required in all cases.
Permission must first be sought from the RPT concerned. If the RPT has given permission to appeal to the Lands Chamber, notice of appeal must be given to the Registrar of the Lands Chamber within 1 month of the notice of permission to appeal being sent. This time limit may be extended, but no extension will be granted unless there is justification for it. The time limit may be shortened in appropriate cases by an urgency direction. The appeal form HA1 (Notice of Appeal) must be completed and sent or delivered to the Lands Chamber. An electronic copy may be downloaded from our website. Please note that the Tribunal does not have access to RPT documents or files, so you must also provide a copy of the decision from which you are appealing and a copy of the notice from the RPT giving permission to appeal. The fee for filing an appeal is £250 payable to the 'Tribunals Service' (not the Lands Chamber).
If the RPT refuses permission to appeal, application for permission may be made to the Lands Chamber within 14 days of the decision of the RPT to refuse permission being sent. This time limit may be extended, but no extension will be granted unless there is justification for it. The application for permission to appeal should be made on form HA2. An electronic copy may be downloaded from our website. You must state the grounds of appeal and the reasons for the application for permission to appeal. You must satisfy the Tribunal that permission to appeal should be given, so the reasons should be set out fully. Please note that the Tribunal does not have access to RPT documents or files, so you must also provide a copy of the decision from which you wish to appeal, a copy of your application to the RPT for permission to appeal, and a copy of the notice from the RPT refusing permission to appeal, together with every other documents you refer to or rely upon in your application.. The fee for filing an application for permission to appeal is £200 payable to the 'Tribunals Service' (not the Lands Chamber). Note that you must also pay the £250 fee for filing an appeal and this will be refunded if permission to appeal is refused.
On the application for permission to appeal form the applicant must specify that their reasons for making the application fall within one or more of the following grounds:
In general permission to appeal will only be granted if it appears to the Tribunal that there are reasonable grounds for concluding that the decision of the RPT may have been wrong for one or more reasons (a), (b) and (c), or if the point or points at issue are of potentially wide implication (reason (d)). In considering whether to give permission the Tribunal will have regard to the importance of the point to the decision itself and in terms of its wider implications. It also considers the proportionality of an appeal.
Part 4 of the Rules sets out the procedure relating to appeals. The Practice Directions also contain rules that must be followed. A statement of case must be provided with the notice of appeal or else an application for an extension of time must be made in accordance with the guidance provided on the form and with payment of the £100 fee.
Subject to any direction given by the Tribunal, a person who wishes to respond to an appeal must file and serve a respondent's notice within 1 month of the date on which the Tribunal sent a notice giving the appellant permission to appeal or a copy of the notice of appeal.
If an application for permission has been made to the Lands Chamber and permission has been given, the application may be treated as notice of appeal for the purposes of Rule 24; and if a potential respondent has made representations in relation to the application, those representations may be treated as a respondent's notice for the purposes of Rule 25.
Within 1 month of receiving a respondent's notice, the appellant may send or deliver to the Tribunal and every respondent an appellant's reply.
Further information on the next steps, alternative procedures and the rules that apply is provided in the flowchart for appeals from the RPT, the Rules, the Practice Directions and the Explanatory Leaflet.
For appeals from RPTs an urgency direction may be issued to shorten the time limits that otherwise apply for sending a notice of appeal to the Registrar when permission to appeal has been given by the RPT; for filing and serving a respondent's notice; and for filing and serving statements of case, if the statements are not filed with the notices. An urgency direction may also permit the application to the RPT for permission to appeal to stand as a notice of appeal to the Registrar of the Lands Chamber
An urgency direction may be made by the Tribunal acting on its own initiative or on application by a party. If you wish to apply for an urgency direction a written application must be made in which the title of the proceedings and the ground upon which the application is made are set out. You should send a copy of the application to the other parties to the case and inform the Lands Chamber that you have done so. If you have the consent of the other parties to the application, consents signed by or on behalf of the other parties must be included with your application. If the prior consent of the other parties has not been obtained, after receiving your application, the Lands Chamber may invite written representations on the application from the other parties, to be given within a set time period. The Tribunal may not invite representations from the other parties if, having considered the grounds upon which the application is made it decides to refuse the application.
The Tribunal will reach a decision taking all written representations into account. An urgency direction will not be made unless the Tribunal is satisfied that it is in the interests of justice to do so.
|Form HA1 – Notice of appeal against a decision of an RPT
Word version (121kb) PDF version (140kb)
|Form HA2 – Application for permission to appeal against a decision of a
Residential Property Tribunal
Word version (140kb) PDF version (72kb)
|Form HARN – Respondents Notice for appeals against decisions of the
Residential Property Tribunal
Word version (84kb) PDF version (58kb)
|Residential Property Tribunals Appeal Procedure Flowchart (206kb)|
Link to the Tribunals Service website