1 the lvt transformed jeff platt slides courtesy of: siobhan mcgrath acting president first-tier...

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1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

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Page 1: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

1

The LVT Transformed

Jeff Platt

Slides courtesy of: Siobhan McGrath

Acting President First-tier Property Chamber

Page 2: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

2

The Landscape

• Landlord and Tenant disputes distributed between Courts and Tribunals

• Law Commission Report: Housing Dispute Resolution and the Role of Tribunals

• First step in rationalisation?

Page 3: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

3

A Time of Change

• Structural Change

• Changes to regulations

• Looking ahead

Page 4: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

4

Structural Change

• Tribunal Courts and Enforcement Act 2007

• Senior President of Tribunals

• First-tier Tribunal divided into Chambers

• Property Chamber – bringing together RPTS Tribunals, Adjudicator to HM Land Registry and Agricultural Lands Tribunal

Page 5: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

5

Chamber Membership

• Chamber President

• Principal Judges for RPTS, ALR and ALT

• Regional Judges and Deputy Regional Judges

• Judges and other members – experts and lay members

Page 6: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

6

Transfer of Tribunal Functions Order

• Abolishes RACs, RTs, LVTs and RPTs, the ALR and the ALT

• Transfers all jurisdictions to First-tier Tribunal

Page 7: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

7

Regulations

• The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

• Replaces all procedure rules that previously applied to the Tribunals

Page 8: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

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Regulation changes

• Standardisation

• Overriding objective

• Case management powers

• Sanctions– Strike out– Costs

Page 9: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

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Appeals

• All appeals to Upper Tier Lands except for ALR which will go to Upper Tier (Tax and Chancery)

• NB proposals:– Review– Set Aside

Page 10: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

10

Jurisdictions

• Courts and Tribunals

• Tidying –up

• Best use of expertise

Page 11: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

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What next?

• A joined up service?– Triage Plus and Advice–Mediation– Adjudication

• Adjudicating in a time of austerity

Page 12: 1 The LVT Transformed Jeff Platt Slides courtesy of: Siobhan McGrath Acting President First-tier Property Chamber

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QUESTIONS