The First-tier Tribunal (Property Chamber) is planning changes to the way cases are handled as it prepares for a significant increase in workload following the Renters’ Rights Act and Leasehold and Freehold Reform Act.

It follows the announcement earlier this week that the government is hiring 1,000 new judges and tribunal members this year to cope with increased demand due to the rental reforms.

The senior president of tribunals' new consultation is proposing changes to who can deal with tribunal applications, so the system can cope with the expected increase in cases heard by the property division, which includes rent appeals and rent repayment orders.

Assisted

In tribunals, regional judges are assisted by deputy regional judges and regional surveyors. The consultation concerns proposed changes that would make it easier for judges to delegate cases to regional surveyors to oversee Renters’ Rights Act cases.

The consultation explains: “The rules were last amended in 2023 to include the power for the chamber president to direct that a salaried judge could decide Part 6 matters. At that time, it was anticipated that the power would be used sparingly. The advent of the Renters’ Rights Act has changed that position and the power will be exercised more frequently. It is important that a presidential direction can also include a regional surveyor.”

The consultation originally included figures suggesting that the Residential Property Division's annual caseload could rise from around 12,500 cases to at least 36,000 over the next couple of years. However, the Government has subsequently told LandlordZONE that these figures had not been signed off and were included in the consultation in error.

Growth

“The FTT is clearly anticipating a substantial growth in work,” comments David Smith, partner at Bishop & Sewell. “So far I do not think that there is evidence of a huge leap in s13 applications but they clearly expect that to increase. This consultation is about appeals from those decisions and general applications so they clearly anticipate a number of appeals as well.”

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