First-tier Tribunal (Housing and Property Chamber): data analysis and recommendations

 This briefing outlines the findings from a short piece of data analysis on the First-tier Tribunal (Housing and Property Chamber), including an examination of each of the 266 entries published in the Eviction and Civil Proceedings Decisions database in January and February 2019. The majority of cases at this time related to short assured tenancies. Cases relating to private residential tenancies are increasing in frequency in the period since.

 There is minimal published data on the tribunal which makes a comprehensive understanding of how tenants are engaging with the system difficult.

 The use of the tribunal for housing cases was intended to offer “a new, more accessible and effective route to justice for landlords and tenants in the sector.”

 However, tenant attendance at the hearing is low: in four out of five cases in our sample where the landlord was the applicant, the tenant did not attend their hearing. When tenants did attend, the tribunal was more likely to find in their favour (13% compared to 6%).

 Furthermore, in most of the cases there was no representation or support for tenants recorded as present (234, or 88% of 265 cases). Conversely, when the applicant was a landlord (as in most cases) the landlord had professional representation in 3 out of 4 cases. When landlords were represented, the tribunal was more likely to find in their favour (98% compared to 81%).

 Whilst these findings are inconclusive given the limited data available, they give clear cause for concern regarding a potential power imbalance between tenants and landlords using the tribunal. Consideration is required on how to enable tenants to effectively use the tribunal system to realise their rights.