COMMUNITIES AND LOCAL
GOVERNMENT News Release (128) issued by The Government News Network
on 30 May 2008
Park home
residents and site owners in England and Wales will have more say
on how disputes between them are resolved under a new consultation
published by Communities Minister Iain Wright today.
The majority of disputes will now be heard by Residential
Property Tribunals rather than county courts giving greater
opportunity for both sides to put their case forward and reducing
time and legal costs.
Many residents and site owners involved in disputes have raised
concerns over the time and the cost of taking even the most minor
cases to the county court.
Under the Housing Act 2004 the Residential Property Tribunal
Service already deals with cases similar to pitch fee reviews,
recognition of residents associations and the sale of park homes
which are proposed to be transferred to it.
Iain Wright said:
"A long wait for justice and a high cost can put people off
seeking a resolution to what may be a fair and justifiable issue.
We believe that transferring the jurisdiction of disputes to the
Residential Property Service will result in significant benefits
to both residents and site owners in terms of the time it takes
cases to be heard, and in terms of swifter access to justice.
These proposals are another significant step in the reform of
park home legislation and I encourage all with a view to come
forward. "
It is hoped that the low cost and the quicker access to justice
of the tribunal service will encourage many more residents and
site owners to come forward to resolve any differences amicably.
Notes to Editors
1. The Consultation period runs until 22 August 2008. Copies of
the consultation document can be downloaded from http://www.communities.gov.uk
. The consultation has been issued jointly with the Welsh Assembly Government.
2. Currently all cases under the Mobile Homes Act 1983 are heard
at the County Court, and there are significant costs involved,
including application and hearing fees. In the vast majority of
cases, residents will have legal advice dealing with the case,
thus adding to the costs.
3. The consultation will ask for their views on proposals to
transfer the jurisdiction for the majority of disputes brought
under the Mobile Homes Act 1983 from the County Court to the
Residential Property Tribunal Service (RPTS) in England, and in
Wales the Residential Property Tribunal for Wales.
Residential property tribunals were established under section
229 of the Housing Act 2004. They are administered by a body
called the Residential Property Tribunal Service (RPTS), which is
classified by the Cabinet Office as a tribunal non departmental
public body. It is sponsored by Communities and Local Government
which finances it and provides its administrative support. The
Residential Property Tribunal for Wales is financed and
administered in the same way.
4. All members of the tribunals are independent of the
Government. The service is headed by a Senior President and four
regional presidents. The four regions are split between the North,
south and east of England and the London region.
5. The RPTS itself is not a statutory body, but an umbrella
organisation responsible for the administration of four housing
tribunals. These are:
- The Rent Tribunal.
- Rent Assessment Committees
-
Leasehold Valuation Tribunals
- Residential Property Tribunals
6. The Rent Tribunal has very limited jurisdiction and rarely
sits. It hears cases concerning possession and rent increases in
the private rented sector where the landlord is a resident
landlord, but only where tenancies commenced prior to 1989.
7. Rent Assessment Committees also deal with rent disputes in the
private sector. They hear appeals from decisions of rent officers
in respect of fair rent determination. They also determine market
rents for Assured Tenancies.
8. Leasehold Valuation tribunals deal with disputes between
leaseholders and their landlords. These include service charge
disputes, appointment of managers, forfeiture proceedings and
claims for ad hoc payments. They also deal with enfranchisement
disputes, including setting the price when the parties cannot agree.
9. Residential Property Tribunals hear appeals and applications
under the Housing Act 2004. These include appeals against
enforcement action under the Housing, Health and Rating System.
They deal with HMO and selective licensing appeals and appeals
against management orders. They also authorise Empty Dwelling
Management Orders and Rent Repayment Orders and are the appellant
body for refusal to permit the right to buy under the elderly
person exclusion.
10. Tribunal members can sit on any of these tribunals.
11. At the RPTS, cases do not require legal representation, and
any hearings are inquisitorial, rather than the confrontational
style of the courts. In most cases, the hearings are heard as
close as possible to the site of the dispute, thus cutting down on
travel costs. The cost of applying to the RPT will be on a par to
that of the court, however, should an applicant win their case,
then the fee is refunded.
News Releases: http://www.communities.gov.uk/newsroom