Harrogate Borough Council

 
 

How do Residential Property Tribunals work?

RPTs operate in a similar way to Rent Assessment Panels. They are a more informal way of considering appeals against notices served under the HHSRS. Appeals panels consist of three people - a legal expert, a technical expert and a lay member. The panel is always chaired by either the legal or technical expert (the latter will often be a surveyor).

RPTs are informal bodies and do not operate like courts; they hear cases presented by each side (in the case of the HHSRS this will be the landlord or the agent and the Local Authority). Parties to an appeal to an RPT do not need to be represented by lawyers. RPTs will usually make site visits to properties which are the subject of an appeal but will generally not attempt to second guess scores arrived at in the course of an HHSRS assessment, unless the score itself is relevant to the appeal.

They will be primarily concerned with the suitability of measures set out in a notice for the removal of hazards (as well as appeals claiming, for example, that a notice should have been served on a different person). The RPT will consider alternative proposals from an owner for removing or minimising hazards. Owners may wish to have an independent HHSRS assessment (see What is the landlord's role?) of their properties if they believe that works required in an improvement notice or prohibition order are inappropriate or excessive.

Part of the first steps in considering an appeal is a case management conference between all the parties. RPTs are also prepared to mediate by facilitating informal discussions between local authorities and owners who appeal notices; this is in an effort to filter out any appeals that are routine, frivolous or misguided.

RPTs can allow an appeal (i.e. rule in favour of the owner), dismiss an appeal or vary the requirements of a notice or order. Appeals against a decision of an RPT can, with the permission of the RPT, be made to a Lands Tribunal or, if the RPT does not give permission, an application for permission to appeal can be made direct to a Lands Tribunal.

Harrogate Borough Council, Council Offices, Crescent Gardens, Harrogate, North Yorkshire, HG1 2SG, Tel: (01423) 500600