These Rules amend the existing 2013 procedural rules governing the Property Chamber of the First-tier Tribunal, primarily to integrate the jurisdiction created by the Renters' Rights Act 2025 concerning residential property disputes and new penalties, while also clarifying the scope of the Tribunal’s authority to make costs orders in specific Housing Act 1988 penalty appeals.
Arguments For
Incorporate jurisdiction granted by the Renters' Rights Act 2025, ensuring the First-tier Tribunal (Property Chamber) can properly handle appeals related to new legislation concerning property and housing rights.
Clarify the scope of costs orders by specifically addressing new penalty appeal provisions derived from the Housing Act 1988, as amended by the 2025 Act, ensuring procedural fairness in financial penalty cases.
Maintain procedural consistency by updating existing definitions within the primary rules (the 2013 Rules) to reflect the current legislative landscape concerning residential property disputes.
Arguments Against
Minor procedural changes may necessitate updating internal training and guidance for legal professionals, tribunal staff, and litigants, potentially causing temporary administrative friction.
Expanding the scope of cases handled by the Property Chamber might lead to an increased workload or require resource allocation adjustments within the tribunal system.
The amendment regarding costs orders, while intended to clarify, creates a specific exception which might be interpreted differently in practice compared to standard costs provisions.
STATUTORY INSTRUMENTS
2026 No. 391 (L. 5)
TRIBUNALS AND INQUIRIES, ENGLAND AND WALES
The Tribunal Procedure (First-tier Tribunal) (Property Chamber) (Amendment) Rules 2026
Made - - - -
1st April 2026
Laid before Parliament
8th April 2026
Coming into force - -
1st May 2026
The Tribunal Procedure Committee( 1 ) makes these Rules in exercise of the powers conferred by sections 22 and 29(3) of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007( 2 ), having consulted in accordance with paragraph 28(1) of Schedule 5 to that Act.
The Lord Chancellor has allowed these Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
This establishes the legal context for the statutory instrument, showing it as a 2026 UK law (No. 391) concerning tribunals in England and Wales.
The Tribunal Procedure Committee created these rules using powers granted by the Tribunals, Courts and Enforcement Act 2007, after carrying out required consultations.
These Rules were formally approved ('allowed') by the Lord Chancellor under the same legislative authority.
The instrument came into force on May 1st, 2026, having been made on April 1st, 2026, and laid before Parliament shortly thereafter.
Citation, commencement and extent
- -(1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Property Chamber) (Amendment) Rules 2026.
- (2) These Rules come into force on 1st May 2026.
- (3) Any amendment made by these Rules has the same extent as the provision amended.
The official short title refers to these as the Tribunal Procedure (First-tier Tribunal) (Property Chamber) (Amendment) Rules 2026.
The procedures outlined officially became active on May 1st, 2026.
Furthermore, the geographic or jurisdictional reach ('extent') of any change introduced by these amending Rules is the same as the extent of the original rule or provision being modified.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
- -(1) The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013( 3 ) are amended as follows.
(2) In rule 1(3) (interpretation), in the definition of 'residential property case'-
(a) after '1960,' insert 'the Protection from Eviction Act 1977( 4 ),';
(b) after '1985,' insert 'the Housing Act 1988( 5 ),';
(c) for 'the 2004 Act or', substitute 'the 2004 Act,';
(d) after '2016' insert 'or the Renters' Rights Act 2025( 6 )'.
The core purpose of this instrument begins here: modifying the principal set of procedural directions for the Property Chamber, which are the 2013 Rules.
Specifically, changes target the definition of a 'residential property case' found in Rule 1(3).
The definition is expanded to include specific references to legislation, incorporating the Protection from Eviction Act 1977 and the Housing Act 1988.
A minor substitution corrects the punctuation reference for 'the 2004 Act', and critically, the definition now includes reference to the Renters' Rights Act 2025.
(3) In rule 13(1ZA)(b) (orders for costs, reimbursement of fees and interest on costs), after 'nonshorthold)' insert 'except in the case of proceedings brought under paragraph 10(1) of Schedule 2ZA to that Act (financial penalties under sections 16I and 16K)'.
This applies an alteration to Rule 13(1ZA)(b) of the 2013 Rules, which deals with the Tribunal's power to issue orders regarding costs, fee reimbursement, and interest on those costs.
The change creates an exception to the rule concerning non-shorthold tenancies.
Specifically, the Tribunal cannot issue costs orders in cases involving appeals against financial penalties imposed under sections 16I and 16K of the relevant Act, as detailed in paragraph 10(1) of Schedule 2ZA of that Act.
We make these Rules
30th March 2026
I allow these Rules Signed by authority of the Lord Chancellor
1st April 2026
Lord Justice Ian Dove David Franey Sean O'Brien Mark Blundell M J Reed Susan Humble Faridah Eden Angela Shields Gillian Fleming Jonathan Dobson Tribunal Procedure Committee
Sarah Sackman Minister of State Ministry of Justice
This section contains the formal concluding attestations.
The Tribunal Procedure Committee formally adopted the Rules on March 30th, 2026.
The Lord Chancellor officially sanctioned these Rules one day later, on April 1st, 2026.
Signatures from members of the Tribunal Procedure Committee and the certifying Minister of State from the Ministry of Justice confirm the instrument's validity and entry into the legislative record.
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169) ('the 2013 Rules'), which govern the practice and procedure to be followed in the Property Chamber of the First-tier Tribunal. The Property Chamber deals with applications, appeals and references relating to disputes over property and land.
Rule 2(2) amends Rule 1 of the 2013 Rules to reflect the conferral of further jurisdiction by the Renters' Rights Act 2025 (c. 26).
Rule 2(3) amends Rule 13(1ZA)(b) of the 2013 Rules to make provision for appeals against financial penalties imposed under section 16I or 16K of the Housing Act 1988 (c. 50) to be included in the scope of costs orders made by the Tribunal.
A full impact assessment has not been produced for this instrument, as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The Explanatory Note confirms the legislation modifies the 2013 Rules, which dictate how the Property Chamber handles disputes concerning property and land.
This chamber manages various property-related applications, appeals, and references.
Changes in Rule 2(2) incorporate the new legal powers granted to the Tribunal by the Renters' Rights Act 2025 into the procedural framework.
Rule 2(3) adjusts rules governing legal costs, ensuring appeals against financial penalties under specific sections of the Housing Act 1988 are properly considered within the scope of costs orders.
The government determined that these amendments are minor and do not foresee any significant impact on the public, private, or voluntary sectors, thus dispensing with the need for a full impact assessment.
Related
Correction Slip
A correction notice was issued for The Mental Health Act 2025 (Commencement No. 1) Regulations 2026, amending a referencing error in a footnote.
Read MoreThe Boiler Upgrade Scheme (England and Wales) (Amendment) Regulations 2026
Enacted provisions expanding police powers regarding protests, public order offenses, and stop and search; concurrently made procedural changes affecting certain aspects of sentencing and the courts.
Read MoreThe Mental Health Act 2025 (Commencement No. 1) Regulations 2026
Two statutory instruments officially brought specific sections of the Mental Health Act 2025 into force on April 6th, 2026, covering human rights application to private providers and mandating a review of notification procedures for young inpatients in England.
Read MoreThe Warm Home Discount (England and Wales) Regulations 2026
The Warm Home Discount (England and Wales) Regulations 2026 were made to continue the fuel poverty reduction scheme until 2031, defining supplier obligations, rebate mechanisms, and spending requirements for energy efficiency measures.
Read More