皇冠体育app

About this guide

皇冠体育app procedure in this guide is designed to assist both appellants and respondents (referred to as 鈥榯he parties) by giving an overview of the process that the tribunal follows in respect of appeals from decisions of the First-tier Tribunal (Property Chamber) and the Leasehold Valuation and Residential Property Tribunals in Wales.

Depending upon the exact nature of the case the tribunal may either direct that additional steps be taken or that certain steps be omitted.

You should also read the main guidance for聽how to apply or appeal to the Upper Tribunal (Lands Chamber). This includes information about the tribunal鈥檚:

• rules
• practice directions
• practice statement
• forms
• fees
• recent decisions

In this guide all references to the Property Chamber should also be taken to apply also to appeals from the Leasehold Valuation and Residential Property Tribunals in Wales.

Additional guidance

皇冠体育app tribunal鈥檚 staff can answer questions about the tribunal鈥檚 processes but they cannot give you legal advice nor can they advise you on what is best for your case. If you are in doubt you should seek independent legal advice or the advice of a chartered surveyor.

Once commenced, proceedings must be disposed of with all reasonable speed. 皇冠体育app tribunal will hear the case as soon as it can, but the parties must also do what is required of them within the timescales set. 皇冠体育app tribunal will allow a short stay of proceedings where the parties agree to seek alternative dispute resolution, such as mediation, but it will not delay the progress of a case simply to allow negotiations to continue.

If you cannot comply with a step or direction within the timescale set, you may apply to the tribunal for an extension of time.聽Extensions will be granted only where the applicant shows good reason.

In all applications during the case, including applications for extensions of time, you must:

• include the tribunal鈥檚 fee of 拢121
• set out fully the reasons for the application
• confirm that a copy of it has been sent to the other party

Unless otherwise directed (either by the rules or by a specific direction) a party sending a document to the tribunal should send one copy only. ##Applying for permission to appeal

Applying for permission to appeal

Step 1

If the Property Chamber has already given permission to appeal go to Step 9.

If the Property Chamber has refused permission to appeal go to Step 2.

Step 2

皇冠体育app appellant can聽contact the tribunal鈥檚 office. 皇冠体育app tribunal will then send the appellant a permission to appeal form, explanatory leaflet and procedure. Alternatively, the appellant can聽find the permission to appeal form online.

Application for permission to appeal must be received by the tribunal within 14 days of the Property Chamber鈥檚 decision refusing permission to appeal.

Step 3

皇冠体育app appellant must complete and return to the tribunal the:

• application for permission to appeal form
• supporting documents

皇冠体育app application for permission to appeal fee is 拢242.

Appeals relating to land registration matters have no payable fees.

Step 4

皇冠体育app tribunal will acknowledge the application for permission to appeal and other documentation and will give it a case number.

Step 5

Except where the tribunal decides to dismiss the application without requiring representations from the other party under Rule 21(8), the tribunal will send a copy of the application for permission to appeal and documents received to the other party to the proceedings in the Property Chamber.

皇冠体育app other party will be asked to say if they wish to make representations in respect of the application. 皇冠体育appy are given 14 days to send their representations.

Step 6

皇冠体育app other party sends their representations to the tribunal.

Step 7

皇冠体育app tribunal will consider the application and the other party鈥檚 representations usually without a hearing. 皇冠体育app tribunal鈥檚 decision is then sent to the parties.

Step 8

If permission to appeal is refused, no further action is taken. If permission to appeal is given the tribunal will give directions for the conduct of the appeal.

Commencing an appeal

Step 9

皇冠体育app appellant must complete and return to the tribunal the:

• notice of appeal form
• supporting documents - set out in Rule 24(4)
• statement of case
• lodging fee

皇冠体育app lodging fee is 拢313.

Appeals relating to land registration matters have no payable fees.

Notice of appeal must be received by the tribunal within one month of either the Property Chamber or the tribunal having sent the appellant permission to appeal.

Step 10

皇冠体育app tribunal will send a copy of the notice of appeal and documents received to the respondent to the proceedings in the Property Chamber. 皇冠体育app respondent will be asked to say if they wish to respond to the appeal.

皇冠体育app tribunal will ask both parties for their availability dates for hearings, preferred venue and time estimate for the duration of the hearing.

Step 11

If the respondent wants to respond to the appeal, they can file a respondent鈥檚 notice and their statement of case.

皇冠体育app respondent鈥檚 notice and statement of case must be sent to the tribunal and the appellant within one month of the respondent being sent the notice of appeal.

Step 12

皇冠体育app appellant can send a reply to the respondent鈥檚 statement of case to the tribunal and the respondent. 皇冠体育appy must do this within one month of receiving the respondent鈥檚 notice.

Standard procedure

Step 14

If the appeal is to be dealt with as a rehearing, you will be directed to send your expert witnesses鈥� reports and statements of witnesses of fact to the tribunal and to the other party.

You must then send these within 2 months.

Step 15

皇冠体育app appellant must consult with the respondent and send to the tribunal a statement of agreed facts and issues.

皇冠体育app tribunal must receive this normally not less than 14 days before the hearing.

Step 16

皇冠体育app final hearing of the appeal will then take place. 皇冠体育app tribunal may inspect the site and, if necessary, comparable sites before or after the hearing.

皇冠体育app decision is usually given later in writing.

Step 17

皇冠体育app tribunal will send the decision to both parties. 皇冠体育app appellant must pay the hearing fee, unless the tribunal directs the respondent to pay it.

皇冠体育app hearing fee is 2% of the amount determined by the tribunal, subject to a minimum fee of 拢275 and a maximum fee of 拢16,500.

Appeals relating to land registration matters have no payable fees.

Special procedure

Step - Special A

皇冠体育app appeal will be allocated to a member of the tribunal to supervise in conjunction with the registrars. You will be notified of a case management hearing to be held by the member.

Step - Special B

皇冠体育app case management hearing will then take place. 皇冠体育app member will give a full programme of directions, tailored to the case in question. 皇冠体育appy will include directions for the parties to send to the tribunal and each other:

• statements of cases
• the disclosure of expert and other witness evidence and documents

Step - Special C

Subject to any particular directions the member will give at the case management hearing, the procedure followed will broadly be that of the聽standard procedure. However, further case management hearings may be held or the case listed for hearing.

Written representations procedure

Step WR1

皇冠体育app parties may apply to the tribunal for the appeal to be determined by way of written representations rather than at an oral hearing.

Step WR2

When an application is made, the tribunal will decide whether or not it will direct the written representations procedure to be used.

Step WR3

If the tribunal refuses the application, the appeal will continue under the standard procedure.

Step WR4

If the tribunal grants the application, it will direct a timetable for filing and service of the written representations. 皇冠体育app appellant will normally be given one month to send their written representations to the tribunal and send a copy to the respondent.

Step WR5

皇冠体育app respondent must submit their written representations within the time directed. This is normally within one month of receiving the appellant鈥檚 written representations.

Step WR6

皇冠体育app appellant must send a response to the respondent鈥檚 written representations to the tribunal and the respondent. 皇冠体育app appellant will normally have 14 days to do so.

Step WR7

皇冠体育app tribunal will consider the appeal once it has received the parties written representations. It will send the decision to the parties. Normally, no costs orders are made in cases determined under the written representations procedure.

皇冠体育app determination fee is 2% of the rateable value as determined by the tribunal, subject to a minimum fee of 拢275 and a maximum of 拢16,500. If no amount is awarded, the fee is 拢624.

Appeals relating to land registration matters have no payable fees.