Guidance

Upper Tribunal Lands Chamber procedure - process for appeals

Updated 1 May 2024

About this guide

The procedure in this guide is designed to assist both appellants and respondents (referred to as ‘the parties) by giving an overview of the process that the tribunal follows in respect of appeals from decisions of the First-tier Tribunal (Property Chamber) and the Leasehold Valuation and Residential Property Tribunals in Wales.

Depending upon the exact nature of the case the tribunal may either direct that additional steps be taken or that certain steps be omitted.

You should also read the main guidance for how to apply or appeal to the Upper Tribunal (Lands Chamber). This includes information about the tribunal’s:

• rules
• practice directions
• practice statement
• forms
• fees
• recent decisions

In this guide all references to the Property Chamber should also be taken to apply also to appeals from the Leasehold Valuation and Residential Property Tribunals in Wales.

Additional guidance

The tribunal’s staff can answer questions about the tribunal’s processes but they cannot give you legal advice nor can they advise you on what is best for your case. If you are in doubt you should seek independent legal advice or the advice of a chartered surveyor.

Once commenced, proceedings must be disposed of with all reasonable speed. The tribunal will hear the case as soon as it can, but the parties must also do what is required of them within the timescales set. The tribunal will allow a short stay of proceedings where the parties agree to seek alternative dispute resolution, such as mediation, but it will not delay the progress of a case simply to allow negotiations to continue.

If you cannot comply with a step or direction within the timescale set, you may apply to the tribunal for an extension of time. Extensions will be granted only where the applicant shows good reason.

In all applications during the case, including applications for extensions of time, you must:

• include the tribunal’s fee of £121
• set out fully the reasons for the application
• confirm that a copy of it has been sent to the other party

Unless otherwise directed (either by the rules or by a specific direction) a party sending a document to the tribunal should send one copy only. ##Applying for permission to appeal

Applying for permission to appeal

Step 1

If the Property Chamber has already given permission to appeal go to Step 9.

If the Property Chamber has refused permission to appeal go to Step 2.

Step 2

The appellant can contact the tribunal’s office. The tribunal will then send the appellant a permission to appeal form, explanatory leaflet and procedure. Alternatively, the appellant can find the permission to appeal form online.

Application for permission to appeal must be received by the tribunal within 14 days of the Property Chamber’s decision refusing permission to appeal.

Step 3

The appellant must complete and return to the tribunal the:

• application for permission to appeal form
• supporting documents

The application for permission to appeal fee is £242.

Appeals relating to land registration matters have no payable fees.

Step 4

The tribunal will acknowledge the application for permission to appeal and other documentation and will give it a case number.

Step 5

Except where the tribunal decides to dismiss the application without requiring representations from the other party under Rule 21(8), the tribunal will send a copy of the application for permission to appeal and documents received to the other party to the proceedings in the Property Chamber.

The other party will be asked to say if they wish to make representations in respect of the application. They are given 14 days to send their representations.

Step 6

The other party sends their representations to the tribunal.

Step 7

The tribunal will consider the application and the other party’s representations usually without a hearing. The tribunal’s decision is then sent to the parties.

Step 8

If permission to appeal is refused, no further action is taken. If permission to appeal is given the tribunal will give directions for the conduct of the appeal.

Commencing an appeal

Step 9

The appellant must complete and return to the tribunal the:

• notice of appeal form
• supporting documents - set out in Rule 24(4)
• statement of case
• lodging fee

The lodging fee is £303.

Appeals relating to land registration matters have no payable fees.

Notice of appeal must be received by the tribunal within one month of either the Property Chamber or the tribunal having sent the appellant permission to appeal.

Step 10

The tribunal will send a copy of the notice of appeal and documents received to the respondent to the proceedings in the Property Chamber. The respondent will be asked to say if they wish to respond to the appeal.

The tribunal will ask both parties for their availability dates for hearings, preferred venue and time estimate for the duration of the hearing.

Step 11

If the respondent wants to respond to the appeal, they can file a respondent’s notice and their statement of case.

The respondent’s notice and statement of case must be sent to the tribunal and the appellant within one month of the respondent being sent the notice of appeal.

Step 12

The appellant can send a reply to the respondent’s statement of case to the tribunal and the respondent. They must do this within one month of receiving the respondent’s notice.

Standard procedure

Step 14

If the appeal is to be dealt with as a rehearing, you will be directed to send your expert witnesses’ reports and statements of witnesses of fact to the tribunal and to the other party.

You must then send these within 2 months.

Step 15

The appellant must consult with the respondent and send to the tribunal a statement of agreed facts and issues.

The tribunal must receive this normally not less than 14 days before the hearing.

Step 16

The final hearing of the appeal will then take place. The tribunal may inspect the site and, if necessary, comparable sites before or after the hearing.

The decision is usually given later in writing.

Step 17

The tribunal will send the decision to both parties. The appellant must pay the hearing fee, unless the tribunal directs the respondent to pay it.

The hearing fee is 2% of the amount determined by the tribunal, subject to a minimum fee of £275 and a maximum fee of £16,500.

Appeals relating to land registration matters have no payable fees.

Special procedure

Step - Special A

The appeal will be allocated to a member of the tribunal to supervise in conjunction with the registrars. You will be notified of a case management hearing to be held by the member.

Step - Special B

The case management hearing will then take place. The member will give a full programme of directions, tailored to the case in question. They will include directions for the parties to send to the tribunal and each other:

• statements of cases
• the disclosure of expert and other witness evidence and documents

Step - Special C

Subject to any particular directions the member will give at the case management hearing, the procedure followed will broadly be that of the standard procedure. However, further case management hearings may be held or the case listed for hearing.

Written representations procedure

Step WR1

The parties may apply to the tribunal for the appeal to be determined by way of written representations rather than at an oral hearing.

Step WR2

When an application is made, the tribunal will decide whether or not it will direct the written representations procedure to be used.

Step WR3

If the tribunal refuses the application, the appeal will continue under the standard procedure.

Step WR4

If the tribunal grants the application, it will direct a timetable for filing and service of the written representations. The appellant will normally be given one month to send their written representations to the tribunal and send a copy to the respondent.

Step WR5

The respondent must submit their written representations within the time directed. This is normally within one month of receiving the appellant’s written representations.

Step WR6

The appellant must send a response to the respondent’s written representations to the tribunal and the respondent. The appellant will normally have 14 days to do so.

Step WR7

The tribunal will consider the appeal once it has received the parties written representations. It will send the decision to the parties. Normally, no costs orders are made in cases determined under the written representations procedure.

The determination fee is 2% of the rateable value as determined by the tribunal, subject to a minimum fee of £275 and a maximum of £16,500. If no amount is awarded, the fee is £605.

Appeals relating to land registration matters have no payable fees.