Real Estate Encyclopedia | Property Law Dictionary | Real Estate Terms | Meanings & Definitions |      Nov 12, 2019

Upper Tribunal (Lands Chamber) (UT)(Eng)

The Lands Chamber of the Upper Tribunal was established under the Tribunals, Courts and Enforcement Act 2007 to replace the Lands Tribunal (there are other Chambers of the Upper Tribunal that hear matters such as Social Security, tax, and immigration and asylum issues). The Lands Chamber started operating from June 1, 2009. A two-tier system of property tribunals has been established with the lower (First-tier) tribunals including a number of bodies such as the Valuation Tribunal, the Residential Property Tribunal Service (Local Valuation Tribunals, residential property tribunals, rent assessment committees, rent tribunals and the agricultural lands tribunals). The Upper Tribunal hears appeals from the decisions of these tribunals. It also decides certain cases that do not go through a First-tier tribunal; in certain cases, exercises powers of judicial review; and deals with enforcement of decisions, directions and orders made by these tribunals. In some cases the UT has power to transfer proceedings to a first tear tribunal, such as matters of low value or that do not involve complex legal or valuation issues. In particular, the Upper Tribunal deals with such matters as compulsory purchase compensation (including apportionment of rent where only part of the land acquired is subject to a lease); compensation for planning restrictions; appeals from a valuation tribunal against rating assessments; applications for modification or discharge of a restrictive covenant; disputes over a right of light; and a disputed blight notice or similar disputes relating to land, as well as applications to act as an arbitrator in disputes relating to land under a reference by consent. The members of the Tribunal are appointed by the Lord Chancellor and comprise a President, who has previously held judicial office or is a barrister, and other members who are lawyers, professional valuers, or other appropriately qualified persons. The appropriate member, or members, to hear a particular case is selected by the President and a member may act either solely or, if considered necessary, with another member. See also arbitration, Leasehold Valuation Tribunal, sealed offer.

Bibliographical references:
Her Majesty's Courts & Tribunal Service, The Upper Tribunal (Lands Chamber)
F. Plimmer. Rating Law & Valuation (Harlow, Essex: 1998), Ch. 10 'Valuation tribunals'.
A. Francis. Restrictive Covenants and Freehold Land: A Practitioner's Guide (3rd ed. Bristol: 2009), Ch. 16 'Discharge and Modification of Restrictive Covenants', Appendix A7.7&mdash:7.9 'Lands Tribunal Forms.
D.L. Sabey. & A.R. Everton. The Restrictive Covenant in the Control of Land Use (Aldershot, Hants: 1999), Part II: The Discharge or Modification of Restrictive Covenants .
Preston & Newsom's Restrictive Covenants (10th ed. London: 2006), §§ 10-01—10-50.
B. Denyer-Green. Compulsory Purchase and Compensation (9th ed. London: 2009), Ch. 10 'The Tribunals Service'.
8(1) Halsbury's Laws of England, Compulsory Acquisition of Land (4th ed. 2003 Reissue), §§ 202–34.
16(2) Halsbury's Laws of England, Equity (4th ed. Reissue), §§ 630–7.
39(2) Halsbury's Laws of England, Rating and Council Tax (4th ed. Reissue), §§ 762–3.

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