[2025] UKUT 237 (LC)

Proceedings in the FTT are conducted in accordance with the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (the Rules). The overriding objective of the Rules is to enable the FTT to deal with cases fairly and justly (rule 3(1)). That objective is reflected in rule 8(1), which provides that an “irregularity” resulting from a failure to comply with any provision of the Rules, a practice direction or a procedural direction given by the FTT does not of itself render the proceedings void or invalidate any step which has been taken. By rule 8(2) the FTT may “take such action as the Tribunal considers just” in response to any such irregularity and a non-exhaustive menu of remedial steps is then provided including waiving the relevant requirement, requiring the failure to be remedied, or imposing a sanction. The underlying principle is therefore that the achievement of perfect compliance with the Rules is not an end in itself and is not to be prized above dealing fairly and justly with the case.

For the purpose of this appeal, the most important of the Rules is rule 14, which is concerned with representatives. Rule 14(1) explains that, as one would expect, a party may appoint a representative (whether they are legally qualified or not) to represent them in FTT proceedings. The rule continues:

“(2)

If a party appoints a representative, that party must send or deliver to the Tribunal and to each other party written notice of the representative's name and address.

(3)

Anything permitted or required to be done by or provided to a party under these Rules, a practice direction or a direction may be done by or provided to the representative of that party except—

(a)

signing a witness statement; or

(b)

sending or delivering a notice under paragraph (2), if the representative is not a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act.

(4)

A person who receives due notice of the appointment of a representative—

(a)

must thereafter provide to the representative any document which is required to be sent to the represented party, and need not provide that document to the represented party; and

(b)

may assume that the representative is and remains authorised until receiving written notification to the contrary and an alternative address for communications from the representative or the represented party.”

It goes without saying that a party may not appoint a representative for another party. The only way the Rules envisage the appointment of a representative is by the party concerned sending or delivering to the FTT and to each other party written notice of the representative's name and address. Once a party has taken that step, with two important exceptions the representative may then do anything which the party would be entitled to do, and others may provide documents to the representative as if they were dealing with the party themselves. It is clear that “the representative” (note the definite article) referred to in rule 14(3) is intended to be a reference to a representative in relation to whom the FTT and each other party has been given notice under rule 14(2). An agent appointed by a party is not a representative of a party for the purpose of the Rules unless and until notice of their appointment has been given by that party under rule 14(2).

The second of the exceptions to the general principle in rule 14(3) emphasises the importance of there being no doubt that a representative acts with the authority of the party they represent. Thus, unless they are a solicitor or some other person authorised to conduct litigation, a representative may not give a notice identifying themselves or anyone else as a representative of a party (rule 14(3)(b)). That restriction is included in the Rules for the protection of other parties and to preserve the integrity of the FTT’s proceedings, and it applies even if the representative has been given specific authority by the party to act on their behalf. It is not enough that a representative has been appointed by a party; for the appointment to have the effect described in rules 14(3) and (4), the party must give notice of the appointment, and until they do, neither the FTT nor any other party may confidently communicate with the representative alone.

Rule 26 deals with starting proceedings in the FTT, which is done by delivering a notice of application. An application must include certain information, including the name and address of each respondent. A “respondent” is the person against whom an applicant brings the proceedings (rule 1(3)) and in the case of an application under section 13 of the 1988 Act that person is the landlord. Interestingly, rule 26 does not require an applicant to include the name of any agent or representative of the respondent. Whether a respondent chooses to appoint a representative to conduct the proceedings on their behalf, and the identify of that representative if they do, are not matters which an applicant can know when they make their application.

When the Tribunal receives a notice of application it is required by rule 29(1) to provide a copy of the application and any accompanying documents to the respondent. This is a fundamental step in the proceedings as it is the first occasion on which the respondent, the person against whom the claim is being brought, will have formal notice of the proceedings. The FTT may also give notice of the application to any other person it considers appropriate (rule 29(7)), which could include an agent or representative who has been identified in the application notice, but this step can only ever be taken in addition to providing a copy of the application to the respondent themselves.

The FTT must give each party reasonable notice of the time and place of any hearing which it holds (rule 32(1)). Because of rule 14(3), this obligation can be satisfied by giving notice of the hearing to a representative, but only if notice of the representative’s appointment has been given by the party by a notice under rule 14(2).

Rule 34 deals with hearings in a party’s absence. It provides:

“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.”

As I explained in Osagie v Onwuka [2024] UKUT 293 (LC), a tribunal cannot validly exercise its discretion to proceed in the absence of one of the parties unless it concludes that both limbs of the rule have been satisfied. The FTT itself must be satisfied that the party has been notified of the hearing (for example because the party acknowledged receipt of the notice of hearing) or that reasonable steps have been taken to notify it (for example by sending notice of the hearing to the party themselves or to a properly nominated representative of whose appointment the party has given notice). The FTT must also direct its mind to whether it is in the interests of justice to proceed with the hearing.

I should refer finally to rule 51, which enables the FTT to set aside a decision of its own which has disposed of the proceedings if it is in the interests of justice for it to do so and if one or more of the conditions in rule 51(2) are satisfied. Those conditions include (a) thata document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party's representative, and (c) that a party, or a party's representative, was not present at a hearing related to the proceedings, or (d) that there has been some other procedural irregularity in the proceedings. Rule 51 is an important tool which enables the FTT to correct its own course, if it is in the interests of justice for it to do so, without the need for an appeal where something appears to have gone wrong with the proceedings.