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You are here: BAILII >> Databases >> The Law Commission >> LAND, VALUATION AND HOUSING TRIBUNALS (A Consultation Paper) [2002] EWLC 170(2) (12 December 2002) URL: http://www.bailii.org/ew/other/EWLC/2002/170(2).html Cite as: [2002] EWLC 170(2) |
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Part II Background to the Land, Valuation and housing Tribunals
2.2 The LVH tribunals have grown up over time in an ad hoc manner and now have diverse jurisdictions. The tribunals do not form any coherent structure. Some of the tribunals exercise jurisdiction over disputes between citizens and the state, while others are concerned with disputes between private parties.[1] There are a variety of procedural methods employed by the different tribunals. Some charge fees to users, whilst others do not.[2] Although most of the tribunals have a legally qualified chairperson supported by an appropriate expert, this is not universal. The jurisdictional borders between the tribunals, the courts, and other dispute resolution methods are complicated.
2.3 Paragraphs 2.4 – 2.15 below are intended to provide an overview of each of the relevant LVH tribunals. A comprehensive list of the areas of jurisdiction of each tribunal is contained in the tables in the appendices to this consultation paper.[3]
2.4 The adjudicator to HM Land Registry (“the adjudicator”) is established under section 107 of the Land Registration Act 2002.[4] Although not a tribunal, the adjudicator will exercise jurisdiction over disputes concerning land, and so is somewhat akin to the LVH tribunals. The adjudicator has jurisdiction to resolve certain disputes arising under the Land Registration Act 2002. Appeals lie to the High Court.[5]
2.5 The Agricultural Land Tribunal exercises first instance jurisdiction over a wide range of disputes relating to agricultural holdings, mostly under the Agricultural Holdings Act 1986. Further jurisdiction over certain issues arising in relation to agricultural holdings is granted by the Hill Farming Act 1946 and the Land Drainage Act 1991. The decisions of the tribunal may be appealed to the High Court on a point of law.[6] The tribunal has three members for each hearing: the Chairman (or deputy chairman), who must be a barrister or solicitor of at least seven years standing, a member of an appointed panel representing the interests of owners, and a member of an appointed panel representing the interests of tenants.
2.6 The Commons Commissioners have jurisdiction over certain disputes relating to land registered as common land before 2 January 1970 under the Commons Registration Act 1965. As a result of this time limit, the tribunal has limited temporal jurisdiction. These disputes arise from the entry of land on the register of common land by the relevant local authority. The Commissioners adjudicate to dispose of such disputed claims. They may also ascertain who is the owner of unclaimed registered land, and remove certain land from the register.[7] Commissioners must be barristers or solicitors of seven or more years standing.[8] Decisions of the Commons Commissioner may be appealed to the High Court on a point of law.[9] The Government’s common land consultation document would, if its proposals were implemented, give the Commissioners an expanded role.[10]
2.7 The Lands Tribunal exercises first instance and appellate jurisdictions. It may also determine certain matters that are referred to it for arbitration. The tribunal exercises first instance jurisdiction under a wide range of statutes and statutory instruments. Many of the tribunal’s cases concern land compensation and compulsory purchase. The tribunal also has jurisdiction to determine certain taxation matters in relation to land and a range of disparate miscellaneous matters, including the discharge and modification of restrictive covenants. The tribunal has appellate jurisdiction over decisions of the Leasehold Valuation Tribunal and certain decisions of the Valuation Tribunal.[11] Appeals from the Lands Tribunal are to the Court of Appeal on a point of law.[12] The President of the tribunal must be legally qualified, and other members may be either legally qualified or experienced in land valuation.[13] All members have at least seven years’ experience post-qualification.
2.8 The Leasehold Valuation Tribunal, Rent Tribunal and Rent Assessment Committees together form the Residential Property Tribunal Service. We refer to the three tribunals collectively as the “RPTS tribunals”.[14] The generic name was formerly the Rent Assessment Panels.[15]
2.9 To a large extent, the RPTS tribunals function as one unit. The tribunals all carry out broadly similar work in the field of residential tenancies. They share a common administration and have a common legislative basis in Schedule 10 of the Rent Act 1977.[16]
2.10 The Leasehold Valuation Tribunal has emerged as the most important of the three RPTS tribunals. The Leasehold Valuation Tribunal’s jurisdiction will expand further as a result of the Commonhold and Leasehold Reform Act 2002.[17] The other two tribunals have been increasingly marginalised following changes to the law on rent regulation.
2.11 The Leasehold Valuation Tribunal’s jurisdictions relate to the landlord and tenant relationship in the private rented housing market. This jurisdiction is conferred by a number of statutes.[18] The main categories of jurisdiction are disputes as to the valuation of interests on leasehold enfranchisement; service, estate and administration charges; insurance; and the appointment of managers. The appellate route from the Leasehold Valuation Tribunal is to the Lands Tribunal.[19] Each tribunal typically consists of a legally qualified chairman, a lay member, and a surveyor or valuer. At least one of the members of the tribunal must have experience in the valuation of land.[20]
2.12 The Rent Assessment Committee essentially determines rents of regulated and assured tenancies and hears appeals against fair rent determinations by rent officers. The appellate jurisdiction is in decline as, under the Housing Act 1988, rent officers cannot issue certificates of fair rent for lettings made on or after 15 January 1989. Parties may appeal the Rent Assessment Committee’s decisions on a point of law to the High Court, or require the committee to state a case for the opinion of the High Court.[21] The sitting tribunal consists of a legal chairman, a lay member, and a valuer or surveyor.
2.14 The Valuation Tribunal exercises jurisdiction over valuation decisions relating to local government finance. Its jurisdictions cover community charges, non-domestic rates, council tax, “old rates”[22] and drainage rates. Appeals from the tribunal may go to either the High Court or the Lands Tribunal depending on the nature of the dispute. The High Court hears community charge and council tax valuation appeals. The Lands Tribunal hears appeals on its remaining areas of jurisdiction.[23] The tribunal consists of three people who are local volunteers. They are supported by a clerk.
[1]In Part IV of this consultation paper we attempt a comprehensive breakdown of the tribunals which are concerned with disputes between citizens and the state and those which deal with disputes between private parties. See paras 4.9 – 4.12 of that Part.
[2]The fees charged to users vary between different tribunals. For example, the Leasehold Valuation Tribunal has set fees, depending on the subject matter, up to a maximum of £500. The Lands Tribunal has a variable lodging fee of £50 – £300 and a usual hearing fee of 5% of the rateable value of the property.
[3]Statistical data on the LVH tribunals is available in the Council on Tribunals’ Annual Report 2001/2002 (November 2002) HC 14.
[4]The Land Registration Act 2002 is not in force at the time of writing. Most of the main provisions will come into force on 13 October 2003: Hansard (HC) 2 July 2002, vol 388, col 197 W.
[5]Land Registration Act 2002, s 111. Appeals under the jurisdiction over the Land Registry Network may be made only on a point of law.
[6]Agricultural (Miscellaneous Provisions) Act 1958, s 6.
[7] Common Land (Rectification of Registers) Act 1989, s 1(4).
[8] Commons Registration Act 1965, s 17(1).
[9]Commons Registration Act 1965, s 18(1).
[10]“Greater Protection and Better Management of Common Land in England and Wales” consultation document, Department for Environment, Food and Rural Affairs (February 2000).
[11]The Lands Tribunals’ appellate jurisdiction over the Leasehold Valuation Tribunal is contained in s 175 of the Commonhold and Leasehold Reform Act 2002. Although this section is not yet in force, it in fact only simplifies the legislative basis of the appeal route which already exists from the Leasehold Valuation Tribunal to the Lands Tribunal. The Lands Tribunal’s appellate jurisdiction over the Valuation Tribunal is more complex and is set out in Part IV of this consultation paper, para 4.20, notes 15 –17.
[12]Lands Tribunal Act 1949, proviso to s3(4). By s3(11), the court referred to is the Court of Appeal.
[13]Lands Tribunal Act 1949, s 2(2).
[14]The term “Residential Property Tribunal Service” took effect from 7 July 2002. See Department for Transport Local Government and the Regions news release dated 1 May 2002, available on www.press.dtlr.gov.uk.
[15]The term “Rent Assessment Panels” did not have any statutory basis. Under the Rent Act 1977, Sched 10, the generic term should have been “Rent Assessment Committee”. This led to the risk of terminological confusion, given that the Rent Assessment Committee is a tribunal in its own right.
[16]Under s 173 of the Commonhold and Leasehold Reform Act 2002, any jurisdiction conferred on a Leasehold Valuation Tribunal is exercisable by a Rent Assessment Committee in accordance with Sched 10 to the Rent Act 1977, and when so constituted for exercising a Leasehold Valuation Tribunal jurisdiction is known as a Leasehold Valuation Tribunal. Under s 72 of the Housing Act 1980, Rent Tribunals are constituted as Rent Assessment Committees under Sched 10 of the Rent Act 1977, and when carrying out any of the functions of a Rent Tribunal, they are known as Rent Tribunals. Leasehold Valuation Tribunals and Rent Tribunals are therefore categories of Rent Assessment Committees.
[17]See the Leasehold Valuation Tribunal appendix for the jurisdictions which will be added by the Act.
[18]See the Leasehold Valuation Tribunal appendix for a full list of the Leasehold Valuation Tribunal’s jurisdictions.
[19]Commonhold and Leasehold Reform Act 2002, s 175(1). See also para 2.7, n11.
[20]Housing Act 1980, Sched 22, para1.
[21]Tribunals and Inquiries Act 1992, s 11(1).
[22]These “old rates” cases are essentially the residual jurisdiction of the old Local Valuation Courts. See also Part IV, para 4.20.
[23]See further Part IV, paras 4.20 and 4.21.
