MC RPTS POWER PT

							       EHP’s and the RPTS



• Mel Cairns MCIEH, Health &Housing
  Consultant
• Professional Member of the London RPTS
  Panel

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           What is the RPTS?

•   Residential Property Tribunal Service
•   Sponsored by DCLG
•   Part of the judiciary
•   Independent expert tribunal
•   3 types of tribunal –
         RAC       LVT      RPT
          How is it set up?

• 5 regional Panels
• Case Officer handles each application

• RPT consists of two or three members,
  usually a lawyer, a valuer and a
  lay/professional member.
                Procedure

• Schedule 13 (Housing Act 2004) and The
  Residential Property Tribunal Procedure
  (England) Regulations 2006
• 49 new jurisdictions covering quality and
  use of housing stock and licensing of
  certain types of accommodation.
• Over-riding objective is to deal fairly and
  justly with applications
  Initial Processing of Applications


• Check – jurisdiction
          time limits
          completeness

• Notify Respondent
• Directions issued
         Powers of an RPT

• S.230(2)
  General power to give such directions as
  are necessary or desirable for securing the
  just, expeditious and economical disposal
  of the proceedings or any issue raised in
  connection with them.
        Procedure to hearing
• Hearing details
    - 15 week target from date of application
     - usually 6-8 weeks in practice
     - oral hearing or paper determination
• Decision
    - drafted and agreed by RPT
     - issued within 2-4 weeks
• Urgent cases
                Directions

• Usually specify –
  - Dates for submission of statements and
      documents
  - Types of documents to be provided
  - Expert witness requirements
  - Preparation of bundle.


• Compliance is essential
           The Inspection

• RPT may inspect the premises, any other
  premises which will assist and/or the
  locality.
• Subject to any necessary consent.
• Parties may usually be present.
• Evidence not usually heard at the
  inspection.
           The Hearing (1)
• Appeals are “by way of re-hearing”
• Primary duty to assess suitability on day of
  hearing.
• RPT can take into account matters of which
  the housing authority was not aware.
• In public, unless RPT decides should be in
  private
           The Hearing (2)

• Informal but structured
• Procedure decided by RPT
• Usually similar to civil court, eg evidence
  and cross examination with closing
  statements
• Parties may be represented by lawyer,
  surveyor or other advocate but often are not
           The Hearing (3)


• Expert witness – prior written statement
• Documents – prior disclosure

• Postponement only in certain
  circumstances.
               The Decision

•   Must be in writing
•   Sent to all parties
•   May be given verbally in the first instance
•   May reserve decision on costs
                   Costs


• Re-imbursement of fee - Regulation 6 of The
 Residential Property Tribunal (Fees)(England)
 Regulations 2006.


• Re-imbursement of costs in certain
  circumstances – Housing Act, Schedule 13,
  para.12 – maximum £500.
           After the decision
•   Decision cannot be revisited
•   Right of appeal to Lands Tribunal
•   Must seek leave to appeal from RPT
•   If refused, can seek leave from LT
•   Time limits
•   Decisions are published on our web site
    and passed to LACORS.
                Assistance
• Guidance booklet available
• IF IN DOUBT – ASK! We cannot give advice on
  the law or how to conduct your case but we are
  always willing to explain our procedures and
  process.
  On consumer satisfaction surveys, our staff
  consistently score highly on approachability and
  helpfulness.
• We welcome constructive feedback
         Points for Practice

Avoid appeals by :
a) Good/thorough inspections(inc photos)
b) Demonstrating that options have been
   considered and explaining reasons for the
   choices made.( full statement of reasons)
c) Consistent with concordat and
   professional guidance.

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          Before the Hearing

• Comply with directions/time limits
• Checklist/tick boxes
• Prepare good bundle:
     -Scott-schedule
     - Pagination
     - Dividers
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             At the hearing

- Stay calm – less formal than Court!

-Make list of points you want to cover

-Be familiar with bundle

-Proceed through chronology/Scott Schd
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                Contact

• Regional Panels in London,Midlands,
  Northern, Southern and Eastern.
• www.RPTS.gov.uk
• Helpline -0845 600 3178




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        Emergency Actions

• Luton Borough Council –v- Universal
  Group HA/6/2007



• Munir –v-LB of Wandsworth
  LON/OOBJ/HER2009/0002

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           POWERS OF ENTRY

• (1) Evans -v- London Borough of Camden LON/00AG/HIN/2007/0009
• (2) John -v- Cardiff City Council RPT/HA04/HMO/1
• (3) Weinberg -v- Rhondda Cynon Taf County Borough Council
  RPT/HA04/S11/IMP7
• (4) Williams -v- Monmouthshire County Council RPT/HA04/S11/IMP8
• (5) Martin Thomas -v- Bristol County Council
• (6) St. John The Baptist College, Oxford -v- Vale of White Horse
  District Council
• (7) Cheltenham Construction Ltd. -v- Gloucester County Council
• (8) Angela Clayton -v- Torbay Council
• (9) Mosser-v-Cornwall Council CH1/15LB/HIN/2009/0009



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       Improvement Notices

• Weingreen Ltd. -v- Lichfield District Council
  BIR/41UD/HIN/2009/2005
• McGarraghy -v- Rugby Borough Council
  BIR/44UD/HIN/2006/0003
• Hanley -v- High Peak Borough Council
  BIR/1704/HIN/2009/0007
• Law -v- London Borough of Islington
  LON/00AU/HIN/2007/0015
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         Prohibition Orders

• Hanley -v- Tameside Metropolitan Borough
  Council MAN/00BT/HIN/2009/0005

• Healy -v- St. Albans City & District Council
  CAM/26UG/HPO/2006/0002


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