Consultations

PLA Law Reform Committee are requesting members feedback on Capped Costs Pilot: PD 51W

PLA’s response to the Law Commission’s Consultation Paper

In October 2017 the Secretary of State for Housing, Communities and Local Government announced a package of measures intended to address the private rented sector. One proposed measure was the introduction of a specialist Housing Court with a view to a more efficient and timely process by which landlords could recover possession, and tenants could enforce their rights.

In 2015 almost 90% of PLA members thought that the County Court Service was unfit for purpose. Less than 1% considered that the administration at the county court was good. Following that survey the Law Reform Committee has been in dialogue with courts and HMCTS in an effort to improve service. We are being told by them that the service has substantially improved. Anecdotally we are hearing that that may not be the case.

Following extensive consultation, the Business and Property Courts will launch a new two-year pilot scheme on the disclosure of documents in January 2019, designed to streamline the process, introduce greater flexibility and reduce the cost and complexity of disclosure.

The PLA response was based on information provided by PLA members in the following firms:

The Tribunal Procedure Committee has decided not to cap costs for unreasonable behaviour in leasehold and residential property cases following consultation and is instead adopting a proposal by the Property Litigation Association (PLA) to publish a guidance note.

Response and Articles

The Tribunal Procedure Committee (TPC) have decided not to cap the costs recoverable under Rule 13(1)(b) for unreasonable behaviour.  The TPC concluded, in agreement with the PLA’s Law Reform Committee proposal, that steps should be taken to publicise the guidance in Willow Court Management Company (1985) Limited v Alexander in a clear form to parties involved in leasehold and residential property cases.  The TPC proposes to add information to the Property Chamber website.

The Government has listened to and, more importantly, embraced the views of the PLA in its Consultation on business rates in multi-occupied properties. As a consequence, the draft Bill has been amended to reflect changes proposed by the PLA. This will ensure that the final enactment will be much clearer and significantly more certain which will be of benefit to ratepayers and practitioners alike.