Given the strict criteria for lodging Tribunal applications within six months of a landlords counternotice, the existing method of filing paper copy applications with the Tribunal has obvious hurdles, given the current crisis. These logistical problems could have adversely affected leasehold flat owners.
The First Tier Tribunal (Property Chamber) has issued guidance for its users during the Covid-19 pandemic which can be found here. This follows on from the cancellation of a number of hearings, and the suspension of Tribunal directions in existing cases until 29 May 2020. The new guidance allows for new Tribunal applications to be filed by email, and the payment of application fees to be deferred by up to 28 days.
Commenting on this, Seddons Head of Enfranchisement, John Midgley said:
“This new guidance will be welcomed by practitioners in the field of enfranchisement as a practical response to the logistical difficulties that could be faced with the London First Tier Tribunal being closed.”
In his capacity as a director of the Association of Leasehold Enfranchisement Practitioners (ALEP), John is working with the ALEP team on a protocol for member firms regarding the acceptance of notices by email.
John added, “We will be encouraging the government to take extra steps to alleviate the burden on leaseholders at this time, including, where practical, to extend the time for lodging applications for a period of three months, after ‘normality’ resumes. We are asking that online filing of applications becomes the norm after the current crisis is over, and that the Tribunal takes electronic transfers of fees. In ALEP’s view, these steps will make the Tribunal service more resilient to crises such as these.”
If you have any enquiries on leasehold enfranchisement, please call John Midgley on 020 7725 8068 or email [email protected].