A consultation has been launched on proposed changes to the composition of the Residential Property Chamber of First-tier Tribunals to make them more flexible.
The proposals are designed to help the system meet the anticipated increase in cases resulting from the Renters’ Rights Act 2025, which came into force on 1st May, by making it easier for judges to delegate cases to regional surveyors.
Although the Property Chamber has three divisions (Residential, Land Registration, and Agricultural and Drainage), the consultation and proposed changes only relate to the Residential Chamber.
In tribunals, regional judges are assisted by salaried judges known as deputy regional judges and salaried surveyors known as regional surveyors. Both are entitled to chair hearings and have the same responsibility to assist in managing their region.
The consultation concerns proposed changes that would make it easier for regional surveyors rather than regional or deputy regional judges to oversee Renters’ Rights Act cases.
The current wording of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 gives some flexibility in assigning judges and members.
However, the senior president of tribunals (SPT) wants to amend some of the wording to make it easier to empower regional surveyors to deal with Renters’ Rights Act cases.
The work needed is described as “predominantly valuation” within which regional surveyors “will have a key role to play”.
The consultation seeks views on the proposals by 25th September 2026.
The Renters’ Rights Act
The Renters’ Right Act came into force on 1 May 2026. Key changes in the act include the abolition of Section 21 ‘no fault’ evictions, rolling monthly tenancies with no end date, fairer rent rules – including a maximum of one month’s rent in advance to secure a property – and no discrimination against prospective tenants with children or receiving benefits.
The rights and obligations set out in the legislation will be implemented in phases, with phase two, including the introduction of the private rented sector (PRS) database and PRS landlord ombudsman, beginning in late 2026.
The date for the implementation of phase three – a new decent homes standard in the PRS – is yet to be decided but is not anticipated before 2035.
