From 1 May 2026, the procedural rules for the First-tier Tribunal (Property Chamber) change. According to Statutory Instrument 2026/391 on legislation.gov.uk, the Tribunal Procedure (First-tier Tribunal) (Property Chamber) (Amendment) Rules 2026 update the 2013 Rules to reflect new renters’ enforcement powers and appeal routes.
The definition of a ‘residential property case’ in rule 1(3) of the 2013 Rules is expanded. The Protection from Eviction Act 1977, the Housing Act 1988 and the Renters’ Rights Act 2025 are expressly added to the list of enactments captured by that definition, alongside existing housing statutes already referenced in the Rules.
By widening the definition, disputes and appeals arising under these Acts are confirmed as using the Property Chamber’s procedural code. This affects case allocation, timetabling and evidence directions, ensuring that applications, references and appeals concerning dwellings continue to be managed under a consistent set of tribunal procedures.
The instrument also amends rule 13(1ZA)(b) on costs. Appeals brought under paragraph 10(1) of Schedule 2ZA to the Housing Act 1988-namely appeals against financial penalties imposed under sections 16I and 16K-are included within scope for costs orders, notwithstanding the reference in that provision to assured tenancies that are not shortholds.
These penalty provisions stem from the Renters’ Rights Act 2025, which inserted sections 16I to 16L and Schedule 2ZA into the Housing Act 1988. The 2025 Act also amended the Protection from Eviction Act 1977 by inserting new section 1A and Schedule A1, creating penalty regimes with appeal rights to the First-tier Tribunal.
The rules were made by the Tribunal Procedure Committee exercising powers under sections 22 and 29(3) and Schedule 5 to the Tribunals, Courts and Enforcement Act 2007, following the consultation duty in paragraph 28(1). They were made on 1 April 2026, laid before Parliament on 8 April 2026 and allowed by the Lord Chancellor; the instrument is signed by Sarah Sackman, Minister of State, by authority of the Lord Chancellor.
The extent of the amendments follows the provisions amended, covering England and Wales. For councils and enforcement teams, confirmation that penalty appeals sit within the Property Chamber and attract the costs regime means penalty notices and evidential records should be prepared with tribunal litigation in mind from the outset.
For landlords and letting agents facing civil penalties under the Housing Act 1988 as amended, the change signals that the Tribunal may make costs orders in relevant appeals. Early assessment of the grounds of appeal and the quality of contemporaneous documentation will be important when deciding whether to maintain or resolve contested cases.
The Ministry of Justice notes that no full impact assessment has been produced, on the basis that no, or no significant, impact on the private, voluntary or public sector is foreseen. Organisations should update internal guidance, template notices and training ahead of commencement to reflect the new appeal scope and costs position.