New property chamber is unveiled

Legal Posted 25/06/13
Allis Beasley, partner at Brachers examines new proposals to create a Property Chamber, comprising the Residential Property Tribunal Service, the Adjudicator to HM Land Registry, and the Agricultural Land Tribunals.

The Transfer of Tribunal Functions Order 2013 has been approved by Parliament and will come into force on 1 July.

It transfers to the first–tier tribunal the functions of the Residential Property Tribunal Service, the Adjudicator to HM Land Registry and the Agricultural Land Tribunals. They will form the new Property Chamber.

This will be split into three divisions: Residential Property (formerly Residential Property Tribunal Service), Land Registration (formerly the Adjudicator to HM Land Registry) and Agricultural Land and Drainage (formerly the Agricultural Land Tribunals).

The new consolidated procedural regulations for the new Property Chamber were laid in Parliament on 22 May.

The transitional provisions are contained in Schedule 3 to the Transfer of Tribunal Functions Order 2013 and include: • All proceedings started before 1 July 2013 which are pending, will continue as proceedings before the first–tier tribunal. • Any case in the process of being referred to an old tribunal on 1 July 2013 will continue as a case being referred to the first–tier tribunal. • Any decision or direction or order given or made in proceedings before 1 July 2013 remains in force as if it was a decision of the first–tier tribunal.

All cases, whether started before or after 1 July 2013, will be subject to the new regulations.

However, the tribunal may give any directions to ensure that proceedings are dealt with fairly and, in particular, may apply any provision in the procedural rules which applied to the proceedings before 1 July 2013, or dis-apply provisions of the new regulations.

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