An Appealing New System - RPTS

In recent years, the service has undergone dramatic change, firstly through the Commonhold and Leasehold Reform Act 2002 (CLARA), and subsequently as a result of the Housing Act 2004. The new jurisdictions which came into effect under CLARA in October 2003 include jurisdiction to resolve disputes in relation to service charges, the right to manage, administration charges and the variation of long leases. As anticipated, this led to a dramatic increase in applications to use the Tribunal’s services, with a rise in caseload of almost 50% in 2004, a level of growth which rose by a further 13% in 2005.

But the RPTS has coped well with the increased workload and, as a result, when local authorities were given a range of new housing powers last year, so too was the RPTS. Under the Housing Act 2004, local authorities are given the power and in some cases the duty to improve the management of private rented sector properties through licensing. Further powers to take enforcement action and enhance the health and safety of occupants in dwellings is achieved by replacing the old fitness standard with the new Housing Health and Safety Rating System.

Residential Property Tribunals, which are part of the RPTS now have a range of powers under the Housing Act 2004. In total there are about 53 new jurisdictions, many of which would have traditionally been dealt with by the Courts. The new work for the RPT includes the ability to:
adjudicate in disputes over actions taken by local authorities under the Housing Health and Safety Rating system, which replaces the old fitness standard on appeal, confirm, reverse or vary the decision of a local housing authority concerning the grant or refusal of licenses for Houses in Multiple Occupation, or the conditions of such licences adjudicate on appeals against the refusal of licences or the conditions to be imposed under the selective licensing provisions of the Housing Act 2004 adjudicate on appeals against local authority action in making mandatory management orders consider applications by local authorities for authorisation to make discretionary management orders consider applications by local authorities for authorisation to make Empty Dwelling Management Orders adjudicate on appeals against local authority refusals of the Right to Buy in the case of houses particularly suitable for the elderly.

It will take time for many local authorities and landlords to adjust to the new regulations, but government estimates indicate that, in due course, the caseload of the RPTS will grow substantially as a result; an increase which the service has been busy preparing for during the last twelve months.

The organisation has continued to absorb this additional work with only a small increase in the level of resources. Despite the 13% rise in caseload last year, the cost per case fell by 11%, signalling the second successive year in which the increasing efficiency, skill and professionalism of our staff and members has led to a marked decrease in cost.

In a continued effort to make the service as user-friendly and accessible as possible, the tribunal also extended its pioneering publicity work, including the launch of a new website, information booklets, and guidance video, which is designed to help alleviate the concerns of those who may find themselves appearing before a tribunal for the very first time.

A pilot project, whereby users were offered the chance to use a free mediation service run in-house, proved extremely successful in London, and may be extended nationally. A second pilot project involving telephone hearings may also be rolled out nationally in 2007, and the service is continuing to source opportunities to extend the pro bono legal advice scheme which is now run in both London and Brighton in association with the College of Law.

In addition, a customer satisfaction survey has been introduced, which this year recorded high levels of satisfaction with the service, in particular the skills and approachability of its staff. The survey will be undertaken again next year, and RPTS will be working hard to improve upon previous results.

RPTS has commented to the Law Commission in their project on housing dispute resolution, which I believe will offer some important pointers to the way the tribunal services, alongside those of other agencies, should be developed.
These changes will take place against the background of our own work to make RPTS as efficient, effective and accessible as possible. The achievements of the past few years have put us in a good position to take the organisation forward, and I am sure that RPTS will respond well to all the challenges we meet.

For further information, contact the RPTS National helpline on Tel. 0845 600 3178, alternatively, please visit www.rpts.gov.uk

Siobhan McGrath is Senior President of the Residential Property Tribunal Service and a Barrister. Called to the Bar in 1982, she practised predominantly in landlord and tenant and housing law until 1998 before joining the London Rent Assessment Panel as the lawyer Vice President, later becoming Senior President of the Panels and the RPTS.