The Legal Background
The changes are introduced through The Transfer of Tribunal Functions Order 2013. The Property Chamber is comprised of a First-Tier Tribunal and an Upper Tribunal.
The Tribunals that currently decide disputes will be abolished and the power to hear disputes transferred to the new Chamber. In particular:
There will also be a wider right of appeal.
Please note the changes are in England only: they do not affect Wales.
The Practical Implications
These changes will affect cases you or your customers may issue in relation to the following claims:
Standard documents including section 13 notices (the prescribed Form 4B), rent books, and the service charges and administration charges prescribed statement of rights and obligations have to be updated in accordance with the legislation. In addition the information you send to residents about rights to issue various claims in Tribunals should be updated to reflect the new regime.
The Tribunal rules have also changed so if issuing claims in the new Chamber for the first time, do check the new rules. Existing cases will automatically transfer to the new Chamber.
For more infomation about these changes and/or copies of the updated standard documents, contact Emma Duke on 0121 214 3617 or emma.duke@anthonycollins.com.
Hilary Homfray joins Anthony Collins Solicitors after working for Birmingham City Council for 14 years. With more than 60,000 properties, she was kept busy!
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