Guidance

Upper Tribunal Lands Chamber - appeals against decisions

Updated 1 May 2024

1. Introduction

This guide provides basic information concerning appeals to the Lands Chamber from decisions of the First-tier Tribunal (Property Chamber) in England and Leasehold Valuation and Residential Property Tribunals in Wales. It is not a substitute for professional advice or attention when necessary to our Rules and practice directions.

1.1 The Upper Tribunal (Lands Chamber)

We are a specialist chamber of the Upper Tribunal established to determine certain disputes relating to land in England and Wales and its valuation, and to determine appeals against decisions of certain other tribunals, including the First-tier Tribunal (Property Chamber) in England, and Leasehold Valuation and Residential Property Tribunals in Wales. The Lands Chamber has jurisdiction to hear appeals against all decisions of the Property Chamber. 

In this guide references to appeals against decisions of the Property Chamber in England also applies to appeals against decisions of the Leasehold Valuation and Residential Property Tribunals in Wales and should be read accordingly. 

Procedure in the tribunal is governed by the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010, as amended, and Practice Directions. You can view these documents online.

2. General appeal information

2.1 Time limits

There are time limits for applying to the Lands Chamber for permission to appeal and for bringing the appeal itself. 

Applications to the Lands Chamber for permission to appeal must be received by us within 14 days from the date the Property Chamber sent to you notice of its refusal of permission to appeal. 

If the Property Chamber has given you permission to appeal, your appeal form must be received by us within one month of the date the Property Chamber sent its permission to appeal to you.

2.2 Fees

Except for appeals relating to land registration, for which no fees are payable, the tribunal is required by law to charge fees. The fee for making an application for permission to appeal is £242. The fee for lodging an appeal is £303. The fee for hearing or determining an appeal varies according to the type and size of the case, ranging from £275 to £16,500.

Certain other fees will be charged during the proceedings. For example, you will need to pay a fee of £121 if you make an application for an extension of time for complying with any of the tribunal’s directions. Further information is given in the fees order with its schedule of fees which may be viewed on our website. 

If you think you may be entitled to a reduced fee, the ‘EX160 Apply for help with fees’ guide will outline how you can submit an application for a fee remission. You can get the guide and application form online.

You have to send the help with fees form with your application of appeal form.

2.3 Appeal alternatives

Once you have lodged an appeal, if you are willing to try to settle your dispute without a tribunal hearing and the other party agrees the tribunal will allow a short stay in the proceedings while you try to settle the case by means of alternative dispute resolution. 

There are a number of less formal and less expensive methods of resolving disputes, known as alternative dispute resolution (ADR) because they offer an alternative to the courts and tribunals.

Mediation is a way of resolving or narrowing disputes by agreement. It is voluntary and works outside the tribunal process. An independent person (the mediator) helps the parties look for a solution they both find acceptable. Together the mediator and parties develop and explore options for settling the dispute. 

Mediation is simple, quick and less expensive than legal proceedings. It has a high success rate and parties tend to be satisfied with it. The Court of Appeal has strongly encouraged parties to consider mediation. 

Many different organisations provide mediation and other ADR services. To find a mediator you can use the Find a Civil Mediation Provider service.

The tribunal will allow a six week stay of proceedings where the parties agree to ADR. The tribunal will not charge the £121 fee that a party applying for a stay of proceedings must usually pay. The fees charged by mediation or other ADR providers are in addition to and separate from the fees charged by the tribunal.

2.4 The hearing

If the parties do not settle the case, a tribunal hearing will usually take place to consider the appeal. At the hearing each party puts forward their arguments and (if the appeal is being dealt with as a re-hearing) their evidence, usually under oath, each witness may be cross-examined by the opposing side. Hearings are open to the public. If the simplified procedure is followed the hearing will be more informal. If both parties agree (or if the appeal is unopposed), and the tribunal considers it appropriate, the appeal may be decided without a hearing.

2.5 Time scales

The tribunal seeks to determine applications and appeals as quickly as possible and aims to deal with 75% of all appeals within 40 weeks. The tribunal is able to hear and decide an appeal most quickly if the dispute is relatively simple or straightforward, and if the parties have provided all the relevant documents promptly and can attend a hearing at an early date. Some appeals, especially if they are large, complex or have many parties may require many months before they are ready for hearing. If you are ready to proceed to hearing you may apply to the tribunal for the earliest available hearing date.

2.6 Instructing lawyers and expert witnesses

You may conduct your own case and appear on your own behalf at the hearing. However, as the law and facts may be complex, you may wish to have professional representation from a lawyer or a surveyor. When a professional representative is instructed to act, the tribunal will correspond directly with them rather than with the party they represent.

Given the nature of our cases, surveyors or other professionals sometimes need to be engaged to appear as expert witnesses. The tribunal considers that experts should not act both as advocate and as expert witness unless the case is dealt with under the simplified procedure.

2.7 Site inspection

When necessary the tribunal will view the land or building in question and may also view other sites. This may be before or after the hearing. Notice is given to the parties who are entitled to be represented at the inspection. For an inspection inside any building and for entry on any land the permission of the occupier is required. An inspection will not usually take place if the occupier does not consent to the other party or their representative attending the inspection. 

At an inspection neither party may make submissions or arguments about the case. However the parties may point out any features of the land or building to which they wish to draw the tribunal’s attention and may answer any specific questions raised by the tribunal.

2.8 Return of documents

The tribunal is not able to return documents to you. This applies both during the case and after the end of the case, so it is very important for your own records that you keep a copy of every application, notice or document that you send to us.

2.9 Extensions of time

When the tribunal directs that a step must be taken by a specified date, that direction must be complied with. If you cannot comply with a time limit you can apply to the registrar for an extension of time but it will only be given if he considers it appropriate to do so. You must explain why you require the extension and for how long. You must pay a fee of £121 with your application. 

Before sending in the application you should see if the other party will consent to the extension. If they do agree a joint application signed by both parties may be submitted, or each of you may send a letter to the tribunal confirming what has been agreed. If there is no agreement, you need to serve a copy of your application for an extension of time on the other party. You also need to explain to them that if they wish to object to your application they must send a letter giving the reasons for their objection to the tribunal so that it arrives within 10 days of the date you served the application on them.

2.10 Apply for a stay of proceedings

You can apply for a stay of proceedings (a pause or temporary break in the proceedings) in exactly the same way as applying for an extension of time. The process is the same as that explained in the paragraph above about extensions of time.

2.11 Statement of case

It is a statement setting out the basis of your case. The purpose of a statement of case is to enable the other party and the tribunal to identify easily the issues to be determined. Your statement of case must therefore set out the facts and the law on which you rely. It must be in summary form but contain particulars or details that are sufficient to tell the other party the case that you are making. Your attention is drawn to section 6 of the Practice Directions as it deals with statements of case in more detail. 

A respondent must send a statement of case setting out why they disagree with the appellant’s case to both the appellant and to the tribunal within one month of receiving the appellant’s statement of case.

2.12 Experts and other witnesses

An expert witness is a witness instructed by one or by both of the parties who provides a professional opinion on the matters in dispute. You do not have to call an expert witness in support of your case but it may be the only or best way to establish the merits of your case. If the appeal is being dealt with as a review no witnesses will be called. The type of expert witness most commonly called is a surveyor or valuer. Only one expert witness may be called by a party unless they have applied for and been given permission to call more. 

Each expert witness who is to give evidence to the tribunal is required to file a report setting out that evidence, accompanied by plans, valuations, lists of comparable properties and other supporting information. Copies of these documents must be sent to the tribunal and the other party well in advance of the hearing. Before and again after the exchange of the experts’ reports the tribunal may require the experts to meet in order to identify the issues to be resolved, to reach agreement as to facts, to agree any relevant plans and photographs, and to settle as many issues as may be possible. The experts will normally be required to prepare a statement for the tribunal showing the facts and issues on which the experts agree and disagree and a summary of their reasons for disagreeing. 

Witnesses of fact may also be called to give relevant evidence of facts known to them but such witnesses do not give professional opinions.

3. The procedure

3.1 Permission to appeal is required

To appeal to the Lands Chamber you must apply first to the Property Chamber for permission to appeal. The Lands Chamber will not accept an appeal from you unless you have been given permission to appeal by the Property Chamber. If the Property Chamber refuses your application for permission to appeal or if it refuses to admit your application because it has been made too late, you may then apply to the Lands Chamber for permission to appeal.

3.2 Property Chamber refused permission to appeal

An application for permission may be made to the Lands Chamber. It is for you as the applicant to satisfy the tribunal that permission to appeal should be given so the reasons for your application must be explained fully. 

Please note that the tribunal does not have access to Property Chamber documents or files so you must provide us with a copy of: 

• the decision which you wish to appeal
• your application to the Property Chamber for permission to appeal
• the Property Chamber’s decision refusing permission to appeal
• every document on which you rely in support of your application

3.3 Response to an application for permission to appeal

Unless the tribunal immediately dismisses the application as lacking merit, a copy of the application for permission to appeal will be sent by the tribunal to the other party or parties to the proceedings in the Property Chamber. They will be given a period of time within which to make written representations about the application.

3.4 Deciding an application for permission to appeal

There will not normally be a hearing. Instead the application will be determined by the tribunal based upon the documents it has received. If exceptionally the tribunal decides to hold a hearing the parties will be invited to attend it. 

If the tribunal gives permission to appeal the appeal will be allowed to proceed. The appellant will not normally then need to complete an appeal form, the application form for permission to appeal will be treated as the appeal form. 

If the tribunal refuses permission to appeal no appeal will be heard and the case is over.

3.5 Property Chamber has given permission to appeal

An appeal may be started by sending a completed form to the tribunal with the enclosures listed on the form.

3.6 Response to a notice of appeal, respondent’s notice and statement of case

If you were a party to proceedings in the Property Chamber and an appeal is made to the Lands Chamber by another party, you will be sent a copy of the notice of appeal and statement of case, if one was enclosed with the appeal. If you wish to be a respondent to the appeal you must file a respondent’s notice with the Lands Chamber, and serve a copy directly on the appellant within one month of receiving the appeal. If you have been sent the appellant’s statement of case, you must also enclose your statement of case with your respondent’s notice. 

If you have received the appellant’s statement of case but are unable to file a statement of case with your respondent’s notice, you must apply for an extension of time in which to do so.

You do not have to respond to the appeal and you can instead leave it to the tribunal to decide whether to allow or dismiss the appeal without hearing your side of the argument. If you do not wish to participate in the proceedings in the Lands Chamber, please tell us as soon as possible.

3.7 Appellant’s reply

Within one month of receiving the respondent’s statement of case the appellant has the option of filing and serving an appellant’s reply addressing the arguments of the respondent. There is no need to file an appellant’s reply if the issues have already been addressed in the appellant’s statement of case.

3.8 Procedures

The tribunal will decide which procedure to adopt for the appeal. 

Standard procedure

The standard procedure is used for the majority of appeals. The First-tier Tribunal (Property Chamber) appeals procedure flowchart on our website will show you the steps that are followed under this, and the other procedures. 

Special procedure

Cases that are complex, of high value, or of wider importance are dealt with under the special procedure. Such cases are case-managed by a judge or member of the tribunal from the beginning. An early case-management hearing is usually fixed to ensure that appropriate directions are given and that a timetable is set. 

Written representations procedure

The written representations procedure is available in cases in which the parties do not need to test each other’s evidence with cross-examination and the tribunal considers it possible to deal with the appeal fairly without a hearing. Instead the tribunal makes a determination based on the written representations and evidence submitted by the parties.

3.9 Review, rehearing, review with a view to a rehearing

There are three ways in which an appeal may proceed. The parties will be able to say which type of process they think the tribunal should adopt in the form they complete and submit, but the tribunal will make its own assessment of which type of appeal is most appropriate. 

If the tribunal directs the case to be an appeal by way of review, the tribunal will determine the appeal at a hearing where it will consider whether the Property Chamber correctly applied the law to the evidence put before it. No further evidence is heard by the tribunal. The tribunal may instead dispense with a hearing if it thinks it appropriate to do so.

Where a rehearing is directed, the parties call the witnesses and evidence they rely on in support of their case. The tribunal may permit new evidence which was not before the Property Chamber to be called. 

Where a direction is given to conduct a review with a view to a rehearing, the tribunal first holds a hearing to review the Property Chamber’s decision. Then if necessary continues to a rehearing of the matter, usually on the same day. 

If permission to appeal has been granted by the Property Chamber, or if no other direction has been given by the tribunal, the appeal will be dealt with by way of review. If you wish the appeal to proceed as a rehearing you must make an application for a direction.

3.10 Costs

Except for appeals relating to land registration matters where the tribunal can order a party to pay some or all of another party’s legal costs of an appeal, the tribunal may not order a party to pay another party’s costs of an appeal. However, in all cases if it considers that a party has acted unreasonably in bringing, defending or conducting the proceedings it can order that party to pay all or part of the costs incurred by another party. 

The tribunal may also order that a representative personally pay the whole or part of costs that it considers to have been wasted as a result of any improper, unreasonable or negligent act, or failure to act by that representative. 

The tribunal may also order a party to reimburse fees paid by another party to the tribunal.

4. Hearings

4.1 Venues

The tribunal hears most cases at its courts in London and holds hearings in other local courts if necessary. If the parties request the hearing to take place locally and the tribunal agrees, the tribunal will try to arrange suitable courtroom accommodation.

4.2 Length of hearing

Parties are required to tell the tribunal how long the hearing is expected to take, whether several hours, or one or more days. Parties should consult with each other about this and try to agree time estimates. If the time estimate is too short, there may have to be an inconvenient and possibly expensive adjournment part-way through the case until more available days can be found.

If parties over-estimate the time the scheduling of other hearings is delayed. It is in the interests of all litigants that the resources of parties and of the tribunal are not wasted either by unnecessary adjournments or by over-estimates of the hearing time required.

4.3 Instructed lawyers

A party is not obliged to instruct lawyers, and individuals are always entitled to appear on their own behalf. However, as the law or facts can be complex lawyers are often instructed. If you instruct a lawyer or surveyor to represent you they must inform the tribunal which will then communicate with you through your representative.

4.4 Support at court

Some people need support to access information and use tribunal services. You can ask for a language interpreter and any reasonable adjustments for people with a health condition or disability. Some reasonable adjustments need to be agreed by the tribunal. You can discuss with the tribunal if your needs change.

Reasonable adjustments can include:

• documents in alternative formats, colours and fonts
• help with communication, sight, hearing, speaking
• access and mobility support if a hearing takes place in person

4.5 Hearing date

The tribunal will ask the parties for their dates to avoid for the hearing of the appeal as soon as it can. It will fix the date as early as is possible.

4.6 Hearing preparation

Neither party may take their opponents by surprise at the hearing by withholding material until the last minute. Therefore well before the hearing takes place you must provide to the tribunal and the other party a witness statement for any witness you are planning to call to give evidence, and copies of any documents, plans, valuations, and reports which you wish to refer to during the hearing.

4.7 Procedure at the hearing

Participants are advised to arrive a little before the appointed time on the day of the hearing so that they can make themselves known to the court clerk, familiarise themselves with the courtroom layout, meet their witnesses, get the documentation in order and perhaps discuss the case with their opponents. 

When the hearing begins, the appellant usually starts first by setting out their case, then calling evidence (if the appeal is a rehearing) and presenting documents. Each witness gives evidence on oath or affirmation and is liable to be asked questions by the tribunal and cross-examined by the other party. The other party then introduces its case and calls evidence (if appropriate). Each party has an opportunity to set out any legal arguments it relies on in support of its case. 

Wigs and gowns are not worn in tribunal proceedings. Judges and surveyor members are addressed as ‘Sir’ or ‘Madam’.

5. Decisions

5.1 Written decisions

The tribunal usually reserves its decision rather than giving a decision immediately at the end of the hearing. Decisions are given in writing and sent to the parties.

5.2 Challenging decisions of the Lands Chamber

Refusing permission to appeal a decision of the Property Chamber

There is no right to appeal to the Court of Appeal a decision of the Lands Chamber refusing permission to appeal in respect of a decision of the Property Chamber.

Judicial review

Permission of the Administrative Court is required for judicial review of a decision of the Lands Chamber refusing permission to appeal a decision of the Property Chamber. Permission will only be given where there is an important point of principle or practice, or some other compelling reason to review the case. Any such application must be received by the Administrative Court within 16 days of the Lands Chamber’s decision being sent to you. Find contact information for the relevant Administrative Court.

Appealing Lands Chamber decisions

The tribunal’s decision on all matters of fact is final. There is a limited right of appeal to the Court of Appeal on points of law for which permission to appeal is required. An application for permission to appeal must be received by the tribunal within one month of the date that the decision was sent to the parties. 

If the tribunal refuses permission to appeal it will send the decision to the parties setting out the reasons for its refusal. The applicant may then apply in writing to the Court of Appeal for permission to appeal within 21 days of the date that the tribunal’s decision refusing permission was sent to the parties. Three copies of an Appellant’s Notice and a copy of the decision of the tribunal refusing permission to appeal at the Court of Appeal. 

If you are given permission to appeal by the tribunal you will need to file three copies of an Appellant’s Notice together with the decision giving permission to appeal with the Court of Appeal within 21 days of the date of the tribunal’s decision giving permission to appeal. 

The Court of Appeal has further information on applications for permission to appeal or you can contact the Civil Appeals Office.

Civil Appeals Office
Royal Courts of Justice
Strand
London
WC2A 2LL

Telephone: 020 7947 6916

Alternative telephone: 020 7947 7121

Review of Lands Chamber decisions

There are only two circumstances in which the tribunal may review or reconsider its own decision. First, if it overlooked a legislative provision or binding authority which could have had made a difference to the decision; or second, if since the tribunal’s decision, a court has made a decision which is binding on the tribunal and which, had it been made before the tribunal’s decision, could have had made a difference to the decision. 

If you believe the tribunal should review its decision, you must apply to the tribunal for permission to appeal to the Court of Appeal and also at the same time ask the tribunal to review its decision. If the tribunal decides not to review the decision or not to vary it, it will consider whether to give permission to appeal.

6. Standards and complaints

6.1 Standards

The tribunal has certain standards of service and performance which it is committed to reaching. We aim to: 

• respond to any requests via email or letter within five working days 
• answer phone calls within five rings 
• register and acknowledge new cases within five working days (if all necessary documents and fees are sent with the case) 
• provide a decision on any applications for permission to appeal within 12 weeks 
• complete 75% of all appeals within 40 weeks 
• issue decisions within 12 weeks of the date of hearing

6.2 Comments and complaints

If you have any comments or complaints about the service you have received from the Lands Chamber contact:

The Upper Tribunal (Lands Chamber) 
5th Floor 
Rolls Building 
7 Rolls Building
Fetter Lane 
London 
EC4A 1NL

Telephone: 020 7612 9710

Fax: 0870 761 7751

Email: [email protected]

If upon receiving a response you wish to take the matter further please contact the operations manager, at the above address and ask them to review your complaint. 

Neither the administrative team nor the tribunal manager can deal with complaints about judicial decisions.

7. Obtaining legal advice and finding a solicitor

For assistance in finding a solicitor with expertise relevant to your case contact the Law Society of England and Wales.

Telephone: 020 7242 1222

The Law Society does not provide legal advice to members of the public but does provide guides on common legal problems written in plain English, including one on using a solicitor.

To obtain free legal information, advice or assistance you may wish to contact Citizens Advice. Their website contains information sheets and also has a search facility to assist you in finding your local office. If you are not able to access the internet you may find details for your local Citizens Advice from your local library.

8. Glossary of terms

Alternative dispute resolution (ADR)

Ways of resolving or settling a dispute outside the court or tribunal process. ADR includes mediation, adjudication, arbitration, conciliation, early neutral evaluation and ombudsman schemes.

Appellant

A person who appeals to the Lands Chamber after having been given permission to appeal. 

Applicant

A person who applies to the Lands Chamber for permission to appeal. 

Court of Appeal

The Court of Appeal, which hears appeals on points of law from final determinations of the Lands Chamber.

Help with fees

The waiving of all or part of a fee normally payable because of financial hardship.

Member

One of the specialist chartered surveyors appointed to hear Lands Chamber cases. 

Practice Directions

The Lands Chamber’s own procedural document, available on its website, which explains how its rules and procedures will be implemented. 

Registrar

A legally-qualified officer of the Lands Chamber exercising certain judicial powers and functions in relation to case management. 

Respondent

A person who was a party to, and participated in, the proceedings in the First-tier Tribunal (Property Chamber) who files a respondent’s notice in order to participate in an appeal. 

Statement of case

A statement setting out the basis of a party’s case.

Stay of proceedings

An order made by the tribunal in a case suspending (creating a pause or break in) a case for a specified period of time to allow negotiations or for another good reason.

The tribunal

The Upper Tribunal (Lands Chamber). Sometimes also referred to as the Lands Chamber. 

The Property Chamber

The First-tier Tribunal (Property Chamber) in England, and the Leasehold Valuation and Residential Property Tribunals in Wales.