To help landlords understand the nature of tribunals they should understand its definition. Tribunal is a generic term for anybody acting judicially, whether or not it is called a tribunal in its title. Many bodies that are titled 'tribunals' are so described to emphasize the fact that they are not courts of normal jurisdiction. Let me now breakdown the specific types of tribunals that might effect landlords.
Types of Tribunal
There are two main types of tribunal:
the policy tribunal - for example, the Rent Assessment Committee;
the court-substitute tribunal - for example, The Lands Tribunal.
For policy tribunals it is important to limit appeals, since one of the main reasons for the tribunal rather than the court is to avoid legal decisions that would inevitably result from the court's involvement. In this respect the outcome of the tribunal is binding although it is possible for a landlord to appeal against the fact that the proper legal process were not adhered to in coming to the final decision.
Why has Tribunal use grown for landlords?
Tribunals become more popular with landlords because:
Tribunals are essentially courts with simplified procedure, and such differences as there are not significant in most cases.
The Tribunals and Inquiries Act 1992 requires reasons for decisions to be given by tribunals, and allows for appeals to the High Court from most tribunals.
The advantages and disadvantages of Tribunals for landlords
The main tribunals that are relevant to landlords are:
The Residential Property Tribunal Service (RPTS)
The Residential Property Tribunal Service (RPTS) is the umbrella organisation for five regional offices called Rent Assessment Panels providing an independent, fair and accessible tribunal service in England for settling disputes between landlord & tenant involving private rented and leasehold property. They deal with:
Rent Assessment Panels do not have the power to deal with all types of dispute about rents and leasehold matters. They are quasi-judicial bodies; which means that housing legislation has given them the powers to settle some disputes which would otherwise have to be dealt with by the Courts. They provide an easier and generally cheaper alternative to the Court system. The Panels do not charge for dealing with disputes about rents or the Right to Buy. There is a scale of fees for some, but not all, types of leasehold dispute.
Rent Assessment Panels have no legal powers to become involved in disputes about commercial property.
The legislation which gives Rent Assessment Panels their powers allows them to work either as Rent Assessment Committees, Rent Tribunals, Leasehold Valuation Tribunals or Residential Property Tribunals.
FORMS FOR LETTING PROPERTY
FINANCE AND TAX ON RENTAL PROPERTY
RENTAL PROPERTY REGULATIONS
INVESTING IN BTL PROPERTY
WHAT TO BUY
BUYING OFF PLAN
KNOWING THE RISKS
MANAGING YOUR RENTAL PROPERTY
NON - PAYMENT OF RENT
GETTING YOUR MONEY BACK
THE TENANT WONT MOVE OUT
THE TENANT DOES A BUNK
RAISING THE RENT
REDUCING THE RENT
REPAYING THE TENANCY DEPOSIT
DAMP, MOULD AND CONDENSATION
LETTING RENTAL PROPERTY
LEGISLATION ON LETTING PROPERTY
ALTERNATIVE DISPUTE RESOLUTION
HOUSING ACT APPEAL DISPUTES
THE LANDS TRIBUNAL
RIGHTS OF LIGHT APPLICATION
APPEALS FROM LEASEHOLD VALUATION TRIBUNALS (LVT's)
POSSESSION - SECTION 8 NOTICE
POSSESSION - SECTION 21 NOTICE
SECTION 21 TIMETABLE AND PROCESS
GROUNDS FOR POSSESSION
HARASSMENT BY LANDLORDS
RENT DISPUTES BETWEEN LANDLORD & TENANT
FAIR RENT (RAC)
MARKET RENT UNDER AST
LEASEHOLD VALUATION TRIBUNALS
MODIFICATION OF RESTRICTIVE COVENANTS