Overview

This consultation paper addresses the issue: should there be a specialist adjudicatory body to determine those housing disputes that require formal determination. At present, formal determination of housing disputes takes place either at the county courts or various specialist tribunals that make up the Residential Property Tribunal Service (RPTS). The Housing Act 2004 and the enactment of the Tribunals, Courts and Enforcement Bill have and will likely extend the jurisdiction powers of the RPTS.This paper recommends a rebalancing of both county court and tribunal handling of housing disputes, and sets out four recommendations: that there should be a transfer of jurisdiction over claims for possession and disrepair in respect of rented dwellings from the county courts to the RPTS; appeals on a point of law from the initial tribunal investigation, should be referred to an Upper Tribunal created by Tribunals, Courts and Enforcement Bill; that homelessness statutory appeals, should be transferred to the Upper Tribunal when it is created; and, that Wales should be part of a unified system with England.

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9780117037755

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