Lands Tribunal
Encyclopedia
The Lands Tribunal is a tribunal in the United Kingdom created by the Lands Tribunal Act 1949 that has jurisdiction in England and Wales
and Northern Ireland
, although in the Northern Ireland context the term Lands Tribunal normally refers to a different body the Lands Tribunal for Northern Ireland
. The Lands Tribunal is unusual in that it has both first instance and appellate jurisdiction. The functions of the Lands Tribunal were transferred to the Upper Tribunal
in June 2009.
.
A major further jurisdiction was conferred under the Leasehold Reform Act 1967 which conferred upon the long leaseholders of lower value houses in England the right to acquire their freeholds, on terms laid out by statute. Disputes as to quantum were originally decided by the Lands Tribunal. In 1980 the original jurisdiction was transferred to the newly created Leasehold valuation tribunal
s with the Lands Tribunal becoming the appellate Tribunal on such disputes.
The Lands Tribunal also has a general appellate jurisdiction in relation to Decisions of the Leasehold Valuation Tribunal and Residential Property Tribunal
.
or barrister
and the Members are either solicitors barristers or persons experienced in the valuation of land, which invariably means chartered surveyors.
.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, although in the Northern Ireland context the term Lands Tribunal normally refers to a different body the Lands Tribunal for Northern Ireland
Lands Tribunal for Northern Ireland
The Lands Tribunal for Northern Ireland is a court of record in Northern Ireland established by the Lands Tribunal and Compensation Act 1964....
. The Lands Tribunal is unusual in that it has both first instance and appellate jurisdiction. The functions of the Lands Tribunal were transferred to the Upper Tribunal
Upper Tribunal
The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a common means of handling appeals against the...
in June 2009.
Jurisdiction
The Lands Tribunal was established to replace the panel of Official Arbitrators which had previously determined disputes as to compensation payable to the owners and occupiers of land affected by compulsory purchase. In addition, the Lands Tribunal acts as the appellate Tribunal for Rating Appeals from the Valuation Tribunals. It also has jurisdiction in relation to ordering the discharge or modification of restrictive covenants affecting land, under section 84 of the Law of Property Act 1925Law of Property Act 1925
The Law of Property Act 1925 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legisation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property...
.
A major further jurisdiction was conferred under the Leasehold Reform Act 1967 which conferred upon the long leaseholders of lower value houses in England the right to acquire their freeholds, on terms laid out by statute. Disputes as to quantum were originally decided by the Lands Tribunal. In 1980 the original jurisdiction was transferred to the newly created Leasehold valuation tribunal
Leasehold valuation tribunal
A Leasehold Valuation Tribunal is a statutory tribunal in England which determine various types of landlord and tenant dispute involving residential property in the private sector...
s with the Lands Tribunal becoming the appellate Tribunal on such disputes.
The Lands Tribunal also has a general appellate jurisdiction in relation to Decisions of the Leasehold Valuation Tribunal and Residential Property Tribunal
Residential Property Tribunal Service
The Residential Property Tribunal Service is the umbrella organisation which provides support for three statutory tribunals and 5 regional rent assessment panels, all of which make decisions on residential property matters....
.
Composition
The President of the Lands Tribunal must be a solicitorSolicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
or barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and the Members are either solicitors barristers or persons experienced in the valuation of land, which invariably means chartered surveyors.
Onward appeal
Appeals from the Lands Tribunal are heard in the Court of AppealCourt of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
.