First-tier Tribunals and Freeholders — House of Commons, 2018-07-24
Topic: Housing
Lucy Claire Leigh (Frazer) (Conservative, Centre-right): As the manager is a court-appointed officer, people can complain directly to the tribunal about his actions. The manager is a court-appointed officer answerable to the court, and any issues in relation to his conduct would be brought before the tribunal The hon. Member for Poplar and Limehouse asked about the support and protection available to managers who are carrying out their duties in what can be very difficult circumstances. As I said, the obligations are set out in full in the management order. It is for the first-tier tribunal to decide how the order is to operate and how the manager is to fulfil his obligations If a landlord is being so obstructive that the terms of the management order cannot be fulfilled, the manager can apply to the first-tier tribunal for further directions, and an order under section 24(4) can be made. Such an application can include a request that a penal notice be attached to the management order, and if a penal notice is attached and the landlord disregards it, the manager can apply to the county court for permission to enforce the management order. Enforcement of any provision of a section 24 management order, monetary or otherwise, is a matter for the county court, not the tribunal. That includes enforcement of penal notices that can attach to such orders The hon. Gentleman raised an important point about the inequality in some cases in relation to parties in the property chamber. He was right to say, as my hon. Friend the Member for Beckenham (Bob Stewart) was, that certain features of the tribunal are designed to make it less formal and more accessible than the courts. Where one side has retained legal representation, tribunal members are trained not to permit attempts at oppressive behaviour by legal representatives and will help unrepresentative parties to frame questions where necessary The hon. Member for Poplar and Limehouse made some interesting points about inequality in respect of costs. Parties should meet their own costs of litigating in the tribunal system, even when they are successful in their own claim. There are powers, however, for costs to be awarded where there is unreasonable behaviour. The tribunal has powers under its rules if applications are being brought oppressively by those with a stronger bargaining position and stronger powers. It can strike out proceedings that are frivolous, vexatious or abusive under rule 9(d), or if there is no reasonable prospect of an application succeeding under rule 9(e), but I acknowledge that he made interesting points in relation to costs The hon. Gentleman mentioned quite rightly that the MHCLG is looking at a wide variety of matters in the area of leaseholds. We are always looking to improve our processes. On 2 July my right hon. Friend the Secretary of State for Housing, Communities and Local Government announced that the Government would issue a call for evidence this autumn, to better understand the experience of people using the courts and tribunals services in property cases, including considering the case for a specialist housing court. My Department is also discussing with MHCLG officials what further work is necessary to speed up the appeals process for housing disputes across the courts and tribunals The hon. Gentleman asked to meet, and I would be very happy to meet him, to continue to discuss this important matter. I thank him again for securing the debate. It is right that we look at how we can continue to protect people and their property rights Question put and agreed to.