Ministry of Housing, Communities and Local Government
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Better access to justice for park home residents
Park home residents and site owners in England and Wales will have more say on how disputes between them are resolved under a new consultation published by Communities Minister Iain Wright today.
The majority of disputes will now be heard by Residential Property Tribunals rather than county courts giving greater opportunity for both sides to put their case forward and reducing time and legal costs.
Many residents and site owners involved in disputes have raised concerns over the time and the cost of taking even the most minor cases to the county court.
Under the Housing Act 2004 the Residential Property Tribunal Service already deals with cases similar to pitch fee reviews, recognition of residents associations and the sale of park homes which are proposed to be transferred to it.
Iain Wright said:
"A long wait for justice and a high cost can put people off seeking a resolution to what may be a fair and justifiable issue. We believe that transferring the jurisdiction of disputes to the Residential Property Service will result in significant benefits to both residents and site owners in terms of the time it takes cases to be heard, and in terms of swifter access to justice.
These proposals are another significant step in the reform of park home legislation and I encourage all with a view to come forward. "
It is hoped that the low cost and the quicker access to justice of the tribunal service will encourage many more residents and site owners to come forward to resolve any differences amicably.
Notes to Editors
1. The Consultation period runs until 22 August 2008. Copies of the consultation document can be downloaded from http://www.communities.gov.uk . The consultation has been issued jointly with the Welsh Assembly Government.
2. Currently all cases under the Mobile Homes Act 1983 are heard at the County Court, and there are significant costs involved, including application and hearing fees. In the vast majority of cases, residents will have legal advice dealing with the case, thus adding to the costs.
3. The consultation will ask for their views on proposals to transfer the jurisdiction for the majority of disputes brought under the Mobile Homes Act 1983 from the County Court to the Residential Property Tribunal Service (RPTS) in England, and in Wales the Residential Property Tribunal for Wales.
Residential property tribunals were established under section 229 of the Housing Act 2004. They are administered by a body called the Residential Property Tribunal Service (RPTS), which is classified by the Cabinet Office as a tribunal non departmental public body. It is sponsored by Communities and Local Government which finances it and provides its administrative support. The Residential Property Tribunal for Wales is financed and administered in the same way.
4. All members of the tribunals are independent of the Government. The service is headed by a Senior President and four regional presidents. The four regions are split between the North, south and east of England and the London region.
5. The RPTS itself is not a statutory body, but an umbrella organisation responsible for the administration of four housing tribunals. These are:
- The Rent Tribunal.
- Rent Assessment Committees
-
Leasehold Valuation Tribunals
- Residential Property Tribunals
6. The Rent Tribunal has very limited jurisdiction and rarely sits. It hears cases concerning possession and rent increases in the private rented sector where the landlord is a resident landlord, but only where tenancies commenced prior to 1989.
7. Rent Assessment Committees also deal with rent disputes in the private sector. They hear appeals from decisions of rent officers in respect of fair rent determination. They also determine market rents for Assured Tenancies.
8. Leasehold Valuation tribunals deal with disputes between leaseholders and their landlords. These include service charge disputes, appointment of managers, forfeiture proceedings and claims for ad hoc payments. They also deal with enfranchisement disputes, including setting the price when the parties cannot agree.
9. Residential Property Tribunals hear appeals and applications under the Housing Act 2004. These include appeals against enforcement action under the Housing, Health and Rating System. They deal with HMO and selective licensing appeals and appeals against management orders. They also authorise Empty Dwelling Management Orders and Rent Repayment Orders and are the appellant body for refusal to permit the right to buy under the elderly person exclusion.
10. Tribunal members can sit on any of these tribunals.
11. At the RPTS, cases do not require legal representation, and any hearings are inquisitorial, rather than the confrontational style of the courts. In most cases, the hearings are heard as close as possible to the site of the dispute, thus cutting down on travel costs. The cost of applying to the RPT will be on a par to that of the court, however, should an applicant win their case, then the fee is refunded.
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