An enquiry to the Rent Assessment Committee has led to a tribunal against my wishes..

[HellenMellon]

In Feb I made an enquiry to the Rent Assessment Committee to establish if a case could be brought against my social landlord for a service charge (the amount of rent was never an issue). I was advised to complete an RPT5 form and an advisor would let me know if it could be looked at without affecting the rent. I was assured no tribunal would go ahead if I submitted an RPT5, it would only be looked at.

 

In March, I received a letter from the RAC initiating the start process of the tribunal. I wrote back explaining I did not wish any tribunal to go ahead, to which they replied in saying no further steps would be taken unless they heard back from me. In the meantime, I negotiated with my landlord and reached an amicable solution.

 

Two months on, the RAC have sent me a letter saying a tribunal is booked for June and they wish to visit my home. Looking through the RAC tribunal T541 Guidance notes, it appears I'm unable to withdraw my application unless both myself and my landlord agree. My landlord is difficult to talk to and refuse's to return my calls on the subject.

 

I always thought the appellant (in my case the claimed appellant) could halt a tribunal.

 

Any advice on how to tackle this ?

[45002]

In Feb I made an enquiry to the Rent Assessment Committee to establish if a case could be brought against my social landlord for a service charge (the amount of rent was never an issue). I was advised to complete an RPT5 form and an advisor would let me know if it could be looked at without affecting the rent. I was assured no tribunal would go ahead if I submitted an RPT5, it would only be looked at.

 

In March, I received a letter from the RAC initiating the start process of the tribunal. I wrote back explaining I did not wish any tribunal to go ahead, to which they replied in saying no further steps would be taken unless they heard back from me. In the meantime, I negotiated with my landlord and reached an amicable solution.

 

Two months on, the RAC have sent me a letter saying a tribunal is booked for June and they wish to visit my home. Looking through the RAC tribunal T541 Guidance notes, it appears I'm unable to withdraw my application unless both myself and my landlord agree. My landlord is difficult to talk to and refuse's to return my calls on the subject.

 

I always thought the appellant (in my case the claimed appellant) could halt a tribunal.

 

Any advice on how to tackle this ?

 

 

 

Could be you LL that's pushing for the RAC to go ahead and make a decision !

 

Need to ask you this,Do you know what type of tenancy you have what is the date you 1st moved into the current address ?

Edited May 12, 2013 by 45002

[HellenMellon]

Could be you LL that's pushing for the RAC to go ahead and make a decision !

 

Need to ask you this,Do you know what type of tenancy you have what is the date you 1st moved into the current address ?

 

Its an assured non-shorthold tenacy, moved in 2004.

[45002]

Its an assured non-shorthold tenancy, moved in 2004.

 

No such thing.

 

After reading this http://forums.moneysavingexpert.com/showthread.php?t=4595789

 

What form did you actuality filled,have you a link to the form ?

 

Thank you

Edited May 12, 2013 by 45002

[HellenMellon]

It was a RAP 5 form. I'm unable to find a direct link for it. But will continue to search.

[45002]

It was a RAP 5 form. I'm unable to find a direct link for it. But will continue to search.

 

OK Thanks !

[Lea_HTH]

If you and the LL have reached an amicable solution, then there isn't a need for the tribunal and it can easily be stopped. To say anything else is sheer nonsense. Court processes don't run of their own accord.

 

Write to your LL and the tribunal and state that you are happy with the solution you have reached and no longer wish to use the services of the RAC. My suspicion is the LL was not happy with the 'amicable solution' you believe you have and want an assessment by the RAC.

 

There is no such thing as an Assured 'non-shorthold' tenancy. It's an Assured Tenancy.

[HellenMellon]

If you and the LL have reached an amicable solution, then there isn't a need for the tribunal and it can easily be stopped. .

 

The information in the RAC tribunal T541 Guidance notes states both parties have to halt proceedings.

 

http://jac.judiciary.gov.uk/static/documents/RPTS_Guidance_Booklet_2_-_FINAL.PDF page 10

 

 

Can a tenant withdraw their reference or application

The Act does not provide for this as such. However, the Committee

is not required to continue with a determination if both parties give

notice in writing that they no longer require a determination or if

the tenancy has come to an end.

 

 

 

 

There is no such thing as an Assured 'non-shorthold' tenancy. It's an Assured Tenancy.

 

Mine states Assured 'non-shorthold' tenancy as do all my neighbours ( Housing Association Tenancy)

[45002]

The information in the RAC tribunal T541 Guidance notes states both parties have to halt proceedings.

 

http://jac.judiciary.gov.uk/static/documents/RPTS_Guidance_Booklet_2_-_FINAL.PDF page 10

 

 

Can a tenant withdraw their reference or application

The Act does not provide for this as such. However, the Committee

is not required to continue with a determination if both parties give

notice in writing that they no longer require a determination or if

the tenancy has come to an end.

 

 

 

 

 

Mine states Assured 'non-shorthold' tenancy as do all my neighbours ( Housing Association Tenancy)

 

As I posted

 

Could be you LL that's pushing for the RAC to go ahead and make a decision !

 

And as Lea_HTH posted

 

My suspicion is the LL was not happy with the 'amicable solution' you believe you have and want an assessment by the RAC.

.

 

And here http://forums.moneysavingexpert.com/showpost.php?p=61206605&postcount=21

 

Your LL is pushing for the RAC to make a decision on your rent,good luck at the RAC..

 

OP Latest http://forums.moneysavingexpert.com/showpost.php?p=61206891&postcount=23

Edited May 12, 2013 by 45002

[Lea_HTH]

I know which HA you are with - they're the only ones dumb enough to refer to an AT as an ANST!

 

I am not entirely sure what you are looking for, as the advice you've been given is accurate, yet you seem sure it's not. The only suggestion left is for you to go and see a solicitor. It was quite clear that the tribunal could be stopped and that it merely needed withdrawal, and that if you'd chosen to withdraw and it was going ahead that was a sure sign that your LL was the one pushing for it.

[Lea_HTH]

You may have opened a can of worms...not just for yourself, but for your neighbours who rent from the same LL too.

[HellenMellon]

 

 

Your LL is pushing for the RAC to make a decision on your rent,good luck at the RAC..

 

 

If they are, there is going to be some issues. I have a new rent notification and letter of agreement . The letter I have from the RAC states they are proceeding with my application on my authority ????

 

Not just me. I was the only one who approached the RAC, but several tenants took part in the negotiation to remove the service charge. We all have the same agreements in place dated May 2013. The rent ( which I never disputed) was also changed after April. If they wished to continue with any RAC tribunal they have to keep the rent at the pre April rate.

 

Another paragraph in the letter indicates they have no information from my LL ?

[HellenMellon]

I know which HA you are with - they're the only ones dumb enough to refer to an AT as an ANST!

 

I am not entirely sure what you are looking for,.

 

To see if there was a procedure to stop the tribunal.

 

If I was sure my LL was pushing, then it would make sense. However, if you're right then there is the answer. But I wont know that until I've been sent some paperwork from the RAC. I was looking at what I may be able to do in the meantime. Better to be active then sitting around and waiting.

 

Had I done nothing and it was not my LL, then they would surely be upset if I did nothing to attempt to stop it, and relations would go downhill very rapidly.

 

 

 

Oh well, time will tell. At least I'm a bit forewarned of possible events and outcomes, and that after all is all you can seek in the way of advice when the shop is closed (so to speak).

 

I have to thank all of you for replying (on both forums), Im sure there are better things to do on a Sunday, but I do appreciate the advice and help.

 

Many thanks

Edited May 12, 2013 by HellenMellon

[45002]

To see if there was a procedure to stop the tribunal.

 

If I was sure my LL was pushing, then it would make sense. However, if you're right then there is the answer. But I wont know that until I've been sent some paperwork from the RAC. I was looking at what I may be able to do in the meantime. Better to be active then sitting around and waiting.

 

Had I done nothing and it was not my LL, then they would surely be upset if I did nothing to attempt to stop it, and relations would go downhill very rapidly.

 

 

 

Oh well, time will tell. At least I'm a bit forewarned of possible events and outcomes, and that after all is all you can seek in the way of advice when the shop is closed (so to speak).

 

I have to thank all of you for replying (on both forums), Im sure there are better things to do on a Sunday, but I do appreciate the advice and help.

 

Many thanks

 

 

http://www.google.info/forums/showthread.php?40583-An-enquiry-to-the-RAC-in-Feb-this-year-has-led-to-tribunal-against-my-wishes

Edited May 12, 2013 by 45002