First-tier Tribunal (Property Chamber)
This podcast is a conversation with Amanda Gourlay, Barrister at Tanfield Chambers. What is the First-tier Tribunal (Property Chamber)? Why...
Shortly before Christmas 2015, the Government announced its intention to make a number of changes to application and hearing fees for matters handled by the First-tier Tribunal (Property Chamber). Further to this, the Civil Proceedings, First Tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 came into force on 25th July 2016.
These regulations bring about changes affecting leasehold and park home applications.
A new fee structure is introduced which is designed to simplify the previous fees charged and introduce additional fees, for the first time, for certain proceedings brought to the Tribunal.
The leasehold changes:
The fee for an application to the Tribunal is now fixed at £100 for all applications to commence proceedings in any leasehold case such as applications for a determination of liability to pay and reasonableness of service charges (Section 27A of the Landlord and Tenant Act 1985) and applications by a tenant for the appointment of a manager (Section 24 of the Landlord and Tenant Act 1987)
The hearing fee is also fixed at £200.
The matters that will attract fees of £100 and £200 respectively for applications and hearings for which, previously, there were no fees are:
• Enfranchisement and lease extension applications to the Tribunal under the Leasehold Reform Act 1967 (houses) and Leasehold Reform, Housing and Urban Development Act 1993 (flats);
• All applications arising from the Right to Manage (Ch. 1, Pt2, Commonhold and Leasehold Reform Act 2002);
• Applications for a determination that a breach of a covenant or condition in the lease has occurred(S 168(4) of the Commonhold and Leasehold Reform Act 2002)
The park home changes:
For applications for determination of park home pitch fees and applications for determinations that improvements should be taken into account when pitch fees are reviewed, the fee will be £20 but there will not be a hearing fee.
Amended application forms with the new fees are now available here
• Pitch fees – questions and answers
• Pitch fee reviews explained