Rule 29: the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013/1169: Notice to respondents, interested persons and other persons

(1) When the Tribunal receives a notice of application in accordance with rule 26(1) or a statement of case in accordance with rule 28(4), the Tribunal must provide a copy of the application and any accompanying documents to the respondent.

(2) The Tribunal must also provide to the respondent a written notice informing the respondent of the requirements of rule 30.

(3) On being notified of the name and address of an interested person, the Tribunal must provide that person with a copy of the application and any accompanying documents.

(4) On receipt of an application relating to service charges, administration charges or estate charges the Tribunal must provide notice of the application to—

(a) the secretary of any recognised tenants’ association within the meaning of section 29 of the Landlord and Tenant Act 1985 identified in the application; and

(b) any person whose name and address is known to the Tribunal whom the Tribunal considers is likely to be significantly affected by the application.

(5) In paragraph (4), “an application relating to service charges, administration charges or estate charges” means an application made under—

(a) section 20ZA or section 27A of or paragraph 8 of the Schedule to the Landlord and Tenant Act 1985; or

(b) section 159 of or paragraph 3 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002.

(6) The Tribunal may give notice of the application to any other person it considers appropriate.

(7) Any notice given under paragraph (4) or (6)—

(a) must state that a person may apply to the Tribunal to be joined as a party to the proceedings; and

(b) may be given by publication of the notice in two newspapers (at least one of which should be a freely distributed newspaper) circulating in the locality in which the premises to which the application relates are situated.

(8) Where a rectification application under section 108(2) of the 2002 LR Act has been received by the Tribunal, the Tribunal must provide the person against whom the order is sought and any other person who the Tribunal considers should be a party to the proceedings, with—

(a) a copy of the application, and

(b) a notice specifying that if the person wishes to object, the person must send or deliver to the Tribunal an objection in response within 28 days of the date on which the person received the copy of the application provided by the Tribunal.

(9) The requirement to provide documents referred to in paragraph (1) does not apply where the Tribunal is satisfied that the circumstances to which rule 9(2)(a) (no Tribunal jurisdiction) applies exist.

(10) The requirement under paragraph (3) to provide the notice of application to an interested person does not apply in cases to which section 39, 41 or section 53 of the 1986 Act applies (succession cases); see instead rule 16(3).

This rule is the successor to old rule 5.

Structure of the rule

Subrules 1, 2, 3 & 9 impose an obligation on the Tribunal to a copy of the application and documents to the respondent on receipt of an application;

Subrules 4 & 5 make provision for the notification of other persons in service charges, administration charge and estate charge cases;

Subrule 6 gives the Tribunal the discretion to notify other persons of the application;

Subrule 7 sets out what must be contained in the notification, and

Subrules 8 & 10 apply only to land registration cases and agricultural land and drainage cases respectively.

Subrules 1, 2, 3 & 9: Obligation to provide a copy of the application and documents

The fundamentals of the old rule remain in place: when the Tribunal receives an application, it must send a copy of it and any accompanying documents to the respondent. The reference in subrule 1 to a statement of case under rule 28(4) here is to a land registration case.

Subrule 2 is straightforward on its face, but the interpretation of rule 30 has the potential to be a little tricky.

Subrule 3 does not apply to leasehold – and therefore service charge – cases, interested persons in the technical sense not being a feature of the service charge landscape.

Subrule 9 is interesting. It is clear now that not only will the Tribunal, on receipt of an application, consider whether persons not named as parties should be notified of it: it will also take a view on whether the matters raised fall within its jurisdiction. If it concludes that it does not:

• It must still send a copy of the application to the respondent, but
• The obligation to also provide copies of accompanying documents falls away.

This is a new subrule. Would it be unfair to suggest that it might be a postage-cost-saving device?

Subrules 4 & 5: obligation to notify persons of the application

At last! Two subrules dedicated exclusively to service charges, administration charges and estate charges. I accept that they are, save for one exception, identical to old subrule 5(2), but it was about time that we service charge people were given some attention after all of the rules exclusively devoted to agricultural land and drainage.

Under these new subrules, notice of an application relating to service charges, administration charges and estate charges must be given by the Tribunal to:

• a recognised tenants’ association identified in the application, and
• any other person likely to be significantly affected by the application – provided that their name and address is known to the Tribunal.

How can one old subrule become two? By moving the definition of service charges, administration charges and estate charges from old paragraph 2 of Schedule 1 to new subrule 5. The result is much tidier.

And the exception to the Tribunal’s notification obligation? Applications under paragraph 5 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002. I imagine that this is because an administration charge is normally a charge levied by a landlord against an individual tenant. Of course it may also be because the paragraph directs that an application may be made to the LVT, which will by then be extinct in England.

Here is the text of paragraph 5, Schedule 11 to the Commonhold and Leasehold Reform Act:

(1) An application may be made to a leasehold valuation tribunal for a determination whether an administration charge is payable and, if it is, as to—

(a) the person by whom it is payable,

(b) the person to whom it is payable,

(c) the amount which is payable,

(d) the date at or by which it is payable, and

(e) the manner in which it is payable.

(2) Sub-paragraph (1) applies whether or not any payment has been made.

(3) The jurisdiction conferred on a leasehold valuation tribunal in respect of any matter by virtue of sub-paragraph (1) is in addition to any jurisdiction of a court in respect of the matter.

(4) No application under sub-paragraph (1) may be made in respect of a matter which—

(a) has been agreed or admitted by the tenant,

(b) has been, or is to be, referred to arbitration pursuant to a post-dispute arbitration agreement to which the tenant is a party,

(c) has been the subject of determination by a court, or

(d) has been the subject of determination by an arbitral tribunal pursuant to a post-dispute arbitration agreement.

(5) But the tenant is not to be taken to have agreed or admitted any matter by reason only of having made any payment.

(6) An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—

(a) in a particular manner, or

(b) on particular evidence,

of any question which may be the subject matter of an application under sub-paragraph (1).

Subrule 6: discretion to notify other persons

This is a straightforward subrule: it is short and to the point. Notification under this subrule is discretionary, not obligatory.

Subrule 7 sets out what must be contained in the notification

Subrules 8 & 10 apply only to land registration cases and agricultural land and drainage cases respectively.