The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

PART 4 Hearings

Decision with or without a hearing

31.—(1) Subject to the remainder of this rule, the Tribunal must hold a hearing before making a decision which disposes of proceedings.

(2) The Tribunal need not hold a hearing if consent to proceeding without a hearing has been given by—

(a) each party; and

(b) each other person who has been sent a notification as being entitled, invited or permitted to attend the hearing.

(3) For the purposes of paragraph (2) a party or other person shall be taken to have consented if—

(a) the Tribunal has given that party or other person not less than 28 days’ notice of its intention to dispose of the proceedings without a hearing, and

(b) no objection has been received from that party or other person within that time,

except that the Tribunal may regard such a party or other person as having consented upon shorter notice in urgent or exceptional circumstances.

(4) The Tribunal may in any event dispose of proceedings without a hearing under rule 9 (striking out a party’s case) or under rule 39(4) (implementation of court order in land registration cases).

Notice of hearings

32.—(1) The Tribunal must give each party reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing.

(2) The notice period for a hearing to consider disposal of the proceedings must be no less than 14 days, except that the Tribunal may give shorter notice—

(a) with the parties’ consent; or

(b) in urgent or exceptional circumstances.

Public and private hearings

33.—(1) Subject to the following paragraphs, all hearings must be held in public.

(2) The Tribunal may give a direction that a hearing, or part of it, is to be held in private.

(3) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

(4) The Tribunal may admit persons to a hearing under paragraph (3) on such terms and conditions as it considers appropriate.

(5) The Tribunal may give a direction excluding from any hearing, or part of it—

(a) any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

(b) any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

(c) any person who the Tribunal considers should be excluded in order to give effect to the requirement at rule 17(8) (prevention of disclosure or publication of documents and information); or

(d) any person where the purpose of the hearing would be defeated by the attendance of that person.

(6) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

Hearings in a party’s absence

34.  If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—

(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b) considers that it is in the interests of justice to proceed with the hearing.

Consent orders

35.—(1) The Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1) or provide reasons for the order.

Decisions

36.—(1) The Tribunal may give a decision orally at a hearing.

(2) Subject to rule 17(8) (prevention of disclosure or publication of documents and information), the Tribunal must provide to each party as soon as reasonably practicable after making a decision (other than a decision under Part 6) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 6(3)(g)—

(a) a decision notice stating the Tribunal’s decision;

(b) written reasons for the decision or, in cases relating to rents, notification of the right to request written reasons under paragraph (4); and

(c) notification of any right of appeal against the decision and the time within which, and manner in which, such right of appeal may be exercised.

(3) The Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

(4) Where a party is notified under paragraph (2)(b) of the right to request written reasons any such request must be made not later than 1 month from the date the Tribunal sends to the party the decision notice and notification of any right of appeal.