Residential Property Tribunal Service (RPT)

Friday, 29 July 2011 00:00

Although only recently involved with parks the RPT has been in existence for some time and has specialist experience in deciding disputes in the residential property sector, especially as regards service charges and other issues arising between tenants and landlords of leasehold properties. Tribunals normally sit locally with 3 persons hearing the case, typically a lawyer, a surveyor and a lay individual.

The most common disputes that are being dealt with by the RPT are:

There are exceptions to the RPT deciding the case where the park owner is seeking termination of the agreement and generally such matters still have to be referred to the County Court although there are specific requirements relating to agreements which provide for arbitration or the claim is based on the fact that the park home is having a detrimental effect on the amenity of the park where the matter may end up being dealt with in part by the RPT and in part by the County Court.

There are traps for the unwary. For example, the rules governing matters which have already arisen by 30 April 2011 need careful consideration. Some pitch fee reviews that remain outstanding fall to be dealt with by court action and yet others by way of an application to the RPT. It is very important to consider the time limits as if they are not correctly interpreted the park owner will be left without any remedy which could be expensive if the right to carry out a pitch fee review is lost. The new regime also introduces time limits where a resident seeks to sell a park home. In addition a special "urgent hearing" procedure has been introduced designed to increase the likelihood a potential buyer can be retained if there is delay in approval by the park owner .

The RPT can function much as the Courts do in giving directions to resolve the questions put to it and in the sort of decisions it can make, for example that "the reviewed pitch fees from a given date should be £"x" or that "the xyz residents association shall be recognised". The big difference is in the area of legal costs. In the County Court the "winner" can look to benefit from a costs order but the norm in the tribunal will be that each party has to bear their own costs save in some circumstances the application fee may be recoverable. To avoid this the tribunal would need to be persuaded that there is an element of poor behaviour by one party such as failing to comply with the RPT's directions, or behaving unreasonably, or the case put forward was devoid of merit. Provided the criteria in the regulations are met the RPT can then make an award of costs against a party of up to £5,000 on each application.

Finally a word on fees the rules can be summarised as follows:

1. A resident who receives benefits or a low income does not normally have to pay a fee to commence the application.

2. Most applications will attract a fee of £150 but where the application asks the RPT to decide two issues it will be £200, three or four issues £400 and £500 for five or more issues. In this context the additional fee will be payable where the RPT is considering either more than one issue under the 1983 Act or considering that issue in relation to more than one park home. Not more than 20 park homes can be brought into one application so that a pitch fee review for example involving 100 homes would need 5 applications at £500 each, a total of £2,500.

3. The rules provide that an RPT can make an order requiring that one party reimburse the other the whole or any part of a fee paid to commence the claim.

For further advice, please contact our specialists Tony Beard, Jenny Renshaw or Peter Edwards on 01392 207020.