Property tribunals expect their caseload to triple from about 12,500 cases a year to at least 36,000 a year over the next couple of years, according to a government report.

The forecast – by the senior president of tribunals - is an indication of the pressure it expects the system to face which it links to the Leasehold and Freehold Reform Act and Renters’ Rights 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.

Its 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.”

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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