Guidance

Upper Tribunal Lands Chamber procedure – rating 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 valuation tribunals.

Depending on 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

Additional guidance

The tribunal’s staff can answer questions about the tribunal’s processes but they cannot give you legal advice or 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 surveyor who has experience in rating matters.

Once commenced, proceedings must be completed 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 pause in 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 can 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.

Getting the case started

Step 1

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

Notice of appeal must be received by the tribunal within 28 days of the valuation.

Step 2

The appellant must complete and return to the tribunal the:

• notice of appeal form
• supporting documents
• statement of case
• lodging fee

The lodging fee is £303.

Step 3

The tribunal will acknowledge the notice of appeal and other documentation and give it a case number.

Step 4

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

Step 5

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 within one month of the respondent being sent the notice of appeal.

Step 6

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 statement of case.

Step 7

You will be informed which procedure the registrar has directed must be followed. However, the tribunal may at any time transfer the case from one procedure to another if it thinks it appropriate to do so.

Standard procedure

Step 8

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 9

The tribunal will send listing questionnaires to both parties asking for:

• available dates for the hearing
• preferred venue
• estimated duration of the hearing

You will be given 14 days to reply to the questionnaires.

If you do not reply, the tribunal may list the hearing at a venue and on dates that may not be convenient to you.

Step 10

The tribunal will fix the hearing and tell both parties the dates and venue. You must inform your witnesses.

Step 11

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 12

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

The decision is usually given later in writing.

Step 13

The tribunal will send the decision to both parties and ask for written submissions about who should bear the costs of the appeal.

You must make costs submissions within 14 days of the request for submissions.

Step 14

The tribunal will consider the submissions received and decide who will pay the costs. This will be incorporated as an addendum to the main decision and sent to the parties. The decision will take effect from this point.

Step 15

If no award of costs is made, the matter ends here. The hearing fee must be paid. The hearing fee is 5% of the rateable value determined by the tribunal, subject to a minimum fee of £275 and a maximum fee of £16,500.

Step 16

If a costs order is made the parties will be sent a copy of the tribunal’s detailed assessment of costs, which explains the detailed assessment procedure.

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 final hearing.

Simplified procedure

Step A

The tribunal will fix the hearing date, usually about 3 months ahead (subject to courtroom availability) and notify the parties.

Step B

You must send copies of all documents that you intend to rely on to the other party no less than one month before the hearing date.

Step C

You must send copies of any expert witnesses’ report that you wish to rely on, and a list of the witnesses that you will be calling, to the other party no less than 14 days before the hearing date.

Step D

The appellant must send a statement of agreed facts and issues to the tribunal no less than 7 days before the hearing date.

Step E

The final hearing will take place and will usually be completed in one day. The member hearing the case usually gives their decision later in writing. Costs orders are not normally made in simplified procedure cases.

Step F

The appellant must pay the tribunal’s hearing fee unless the tribunal directs the respondent to pay it.

The hearing fee is 5% of the amount awarded or determined, subject to a minimum fee of £275 and a maximum fee of £16,500. If no amount is awarded, the fee is £605.

Written representations procedure

Step WR1

At any time during one of the other procedures, 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 one of the other procedures.

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 5% 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.