The What’s and Why’s of becoming a Property Tribunal Judge

INSIGHT

The What’s and Why’s of becoming a Property Tribunal Judge

By DRT Judge David Whitney

I am a salaried Deputy Regional Judge of the First tier Tribunal Property Chamber (Residential Property). A snappy title! Part of my role is to engage with people to try and improve the diversity and inclusivity of the judiciary but in particular for my Tribunal.

I suspect many of you will have little or no knowledge of my Tribunal or the other First tier Tribunals and frankly why should you? For me, this is something that the judiciary needs to take responsibility for, making the legal profession and the wider public aware of our existence and what we do. Remarkably more people will be involved in a Tribunal case in any one year than in a case involving the civil and criminal courts combined. We rely on legal professionals to apply and become Judges, fee paid and salaried.

The Residential Property Tribunal has a broad jurisdiction, all of which is set out in statute. The Tribunal incorporated Rent Assessment Committees and Leasehold Valuation Tribunals and was established in its current guise in 2013. As a tribunal, we have powers to determine market and fair rents, the reasonableness of service charges for flats, the price paid for a lease extension, appeals from local authority decisions to impose improvement notices, prohibition orders and financial penalties, power to impose rent repayment orders and the power to make banning orders in respect of landlords. I should also add we have wide powers to determine disputes arising from mobile home parks. The tribunal receives about 11,000 applications a year. The work requires a good understanding of the actual legislation under which we operate and the principles applicable for each part. Much of this is technical and if you had said to me upon graduation that I would be poring over leases (and enjoying it!) I would have run a mile. We also have our own procedure rules, which the civil litigators amongst you will be pleased to know are far shorter than the CPR.

I think many solicitors are unaware of the opportunities which exist to become involved in the Tribunal’s judiciary and the positive impact this can have on their professional careers. I know when I first walked through the doors of what was then Pearsons Solicitors at Fountain House New Malden to start my career I had almost zero knowledge of tribunals. I had heard of Employment Tribunals but had little idea of what was involved.

I practised up until my appointment as a litigator with a particular specialism in property litigation. I regularly appeared as an advocate in the County Court. As a property litigator, I dealt with the Leasehold Valuation Tribunal making applications in respect of enfranchisement claims and service charge disputes. I would appear before the Tribunal in residential leasehold disputes and gradually this became the bulk of my day-to-day practice.

In 2010, I saw an advert in the Law Society Gazette to become a fee paid Chair of the Residential Property Tribunal of which the LVT was part. Thinking this was something I fancied, I applied, more in hope than expectation! It was at a time when I was keen to see how I could develop further my career. I completed the application form, a test paper, took part in a role play and interview and then found myself appointed. By the time I was first appointed I had been working as a lawyer for 16 years. I felt I needed a fresh challenge to give new impetus to my career. Over the next decade I relished the work and applied and was appointed as a salaried judge in 2021.

In many respects I perhaps fit many of the stereotypes of the English judiciary being white, middle aged and middle class. I am however the first member of my family to ever go to university.

Most tribunals sit as a panel with a legally qualified judge and other members. In Property, we have chartered surveyors, architects, environmental health officers and drainage experts as well as lay members, all with considerable expertise in the cases we sit on. Our jurisdiction is ever expanding and currently I also sit from time to time as a District Judge of the County Court to deal with certain property cases.

An appointment opens up the world of making judicial decisions and for me positively affected the way I conducted my practice. For the first time I understood why judges got cross about poorly prepared bundles! I determine cases and apply my knowledge from practice. I am responsible for chairing the panel and explaining the legal principles. I will case manage any hearing and then draft a written reasoned decision setting out our findings and reasons. That practical experience I gained in the 27 years prior to my appointment is vital in exercising

my judicial powers. This is particularly true in property tribunal, which remains a specialist expert tribunal. The help and support from panel members and other judges is one of the major positives of accepting an appointment. There is always someone I can bounce ideas off. Whilst fee paid, I saw the way that other practitioners approached cases and was able to learn from this. My own practice inevitably changed; I think for the better. The Judicial College provides high quality training in what was and is a specialist area. Inevitably this training assisted and fed into my day-to-day work. Sitting as a judge provided opportunities to meet, interact and learn from other practitioners across the country. And you get paid!

I know that firms often worry about the time commitment that is required. Certainly, days out of the office must be planned and time allowed for preparing for cases. Diary management is key but that is true of any busy solicitor’s life. You will gain many opportunities to improve your skills as a lawyer in every way. This will in my experience positively impact on your practice and ability to advise and act for Clients. The time commitment in my Tribunal is not overly onerous. Most cases are listed for one day and you will have to undertake a certain amount of pre-reading and prepare a written decision. Many of our fee paid Judges sit no more than once a month although opportunities do exist for some to sit more frequently.

There is no doubt the application process is difficult and arduous. Recruitment exercises typically take 9 to 12 months involving application forms, online testing, and interviews. For many, particularly from the private sector, this process will be completely alien. Proper preparation is key to a successful application giving particular thought to the examples you use to demonstrate the skills (called Competencies) by which the Judicial Appointment Commission assess applications. The JAC website contains a lot of helpful information. Opportunities exist to sit with Tribunal judges to get a feel for the work and there are mentoring schemes. I would urge anyone potentially interested to talk to someone who has been through the process so that they can assist you and talk you through it. The process is designed to be fair and open to all.

There is no reason why any solicitor cannot consider a judicial appointment. Times are changing and the judiciary like all professions has had to take a long hard look at itself. This means we need to recognise the needs of those with disabilities and caring responsibilities and ensure roles can fit in with the same. Likewise, we wish to encourage people from all walks of life and backgrounds. It is certainly the case that fee paid roles do offer a large amount of flexibility. So, if anything I have said has struck a chord do make contact via the editor. The judiciary needs to be representative of our broader society and become more diverse.