The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2026

The order states that it is necessary to allocate new functions to specific tribunal chambers following the conferral of jurisdiction by the Product Security and Telecommunications Infrastructure Act 2022 (Conferral of Tribunal Jurisdiction under the Landlord and Tenant Act 1954 etc.) Regulations 2026.

Proponents indicate that the measure ensures proceedings relating to business tenancies involving telecommunications 'code rights' are handled by specialized bodies, namely the Property Chamber and the Lands Chamber.

The explanatory note asserts that the order maintains consistency in the tribunal system by directing transferred court jurisdictions to the appropriate existing tribunal structures.

Legal practitioners might identify potential complexities in determining whether a tenancy's 'main purpose' is to confer code rights, which is the threshold for tribunal jurisdiction under this framework.

Parties currently involved in court proceedings may face transitions in procedural rules as jurisdiction shifts from the courts to the tribunal system.

While the document claims no significant impact on the private sector, some stakeholders might argue that shifting jurisdiction for business tenancy renewals to tribunals necessitates new legal expertise or resource allocation for affected landlords and tenants.