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Southwark Arbitration Tribunal
We have included a number of ADR scheme profiles on this site. These are examples of ADR provision that offer an interesting and potentially useful model; they are usually only available in a limited geographical area, not nationwide, though some are being evaluated for potential expansion.
This page describes Southwark Arbitration Tribunal.
Further information is given below on:
Background
Which disputes are eligible
Cost
How it works - the application
The hearing
Outcomes
Users' views
Background
The London Borough of Southwark funds an arbitration tribunal to resolve disputes between the council and:
- council tenants
- right-to-buy applicants
- council leaseholders
- freeholders who pay a service charge to the council
The arbitration tribunal deals with more than 600 cases each year, most involving complaints by tenants about disrepair.
Cases can be brought before the tribunal by either the tenant/leaseholder or the council. Decisions are binding on both parties.
The service is funded by Southwark Council's housing department. It tries to ensure its independence through the make-up of its tribunals. Tribunals in tenancy arbitrations consist of a councillor, a tenants' representative and an independent person. For leaseholder and right-to-buy cases, the tribunal consists of a councillor, a council leaseholder and an independent person. In each case, the tribunal is chaired by the independent person. A qualified housing law expert acts as legal adviser to the tribunals.
Before submitting a case to the tribunal, tenants must have first brought the complaint to the attention of the housing department. Leaseholders must first exhaust the two-step complaints procedure of the housing department or, by mutual consent, agree to waive it.
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Which disputes are eligible
The tribunal can consider disputes about rights in the tenancy agreement or leaseholder's covenant. These include:
- alleged breaches of the tenancy agreement - by either council or tenant - including breaches involving disrepair
- the interpretation of "major works"
- the right to be re-housed after a relationship breakdown
- council workers failing to keep appointments
- a tenant's right to see his/her file
- failure to provide access
- transfers pursuant to major works
- who can succeed a tenancy
- unreasonable action relating to right-to-buy applications
- services for which service charges are made
- issues relating to major works and range of repair costs
The tribunal cannot consider disputes that are more than six years old or those involving neighbours, possession actions or nuisance.
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Cost
The service is free to tenants and leaseholders at the point of use.
Legal aid is available to eligible clients for advice in preparing a claim. Parties are responsible for their own costs.
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How it works - the application
The complainant submits a written application to the arbitration officer at the unit. A preliminary hearing is fixed to determine those cases that appear not to fall within the tribunal's jurisdiction.
Note: Leaseholder complainants are expected to sign an agreement to arbitrate when submitting their application, which is binding. Clients should therefore get independent advice before submitting an application, because once this is done the tribunal's decision will be binding. Tenants agree to use the tribunal for disputes when they sign their tenancy agreement, but a court case in 2004 established that the council cannot compel tenants to use the tribunal rather than take a case to court.
The arbitration unit that runs the service can assist with drafting the application but not in the preparation of cases to go before the tribunal. Advisers can find out from the unit, however, what relevant information is needed to help a client to prepare for the tribunal.
Once an application has been submitted to the unit and has been accepted, a hearing date is fixed, usually within thirty days of receipt of the application. The officer will notify the other side, and the complainant then must submit all relevant documents to the tribunal within twelve days after being told that the other side has been notified.
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The hearing
Note that complainants are not required to attend the hearing, but the unit advises that it is in their best interests to do so. Otherwise, the decision will be made on the basis of submitted evidence only, and on the case presented by the attending council officer.
The hearing is intended to be informal but, as with all tribunals, it can still be a daunting prospect for complainants. Parties can bring an advocate or support person to the hearing, but legal representation is discouraged. The council does not usually involve its legal department; a housing officer usually attends for the council. If either party intends to be legally represented, the other side will be notified before the hearing.
The hearing takes about an hour in tenant/council disputes. Those involving leaseholders' disputes can take longer.
The tribunal can adopt whatever procedure it feels is appropriate, as long as it "allows both sides to put their case fully and makes sure that both sides have a fair and reasonable hearing". At the hearing, both parties can question each other and each party will have a chance to state their case. The tribunal can call expert witnesses. Sometimes home visits are arranged in order for the tribunal to inspect the disrepair. Hearings can also be conducted at the complainants' home where, for example, the tenant is disabled.
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Outcomes
After the hearing the tribunal will deliberate in private. It will issue its decision within fifteen working days for leaseholders, and 70% of tenancy decisions within twenty working days; the remainder will be issued within thirty working days.
Decisions are made in accordance with the tenancy agreement or leaseholder's covenant. This means that if the tribunal finds that the council has not breached the agreement, it will not award compensation to the complainant. It will, however, consider all elements of the complaint, so that if a breach is found regarding one aspect (such as a missed appointment), but not another (such as failing to make a repair), compensation can be awarded - compensation for a missed appointment by a council officer is likely to be in the region of £30, as set out in the tenancy agreement.
Among the remedies available are:
- ordering the council to carry out repairs within a reasonable time
- awarding compensation for disturbance or damage
- reducing the level of service charges
Most decisions are in favour of the tenant/leaseholder. An average compensation award is £200.
The tribunal does not have the power to:
- order the council to re-house a tenant
- order home improvements to be made (as opposed to repairs)
Tribunal decisions are enforceable as arbitration awards in the courts, although in practice this is rarely necessary. Appeals can be made only on a point of law.
One disadvantage is that compensation awards are low compared to awards in the county court. The Housing Law Practitioners' Association has noted that this is a disadvantage particularly "where tenants have suffered severe disrepair over a number of years" (Response of the Housing Law Practitioners' Association to Lord Woolf's Access to Justice Inquiry, Housing Issues Paper, HLPA, March 1996). There is usually no medical evidence, so arbitration awards do not take this into account. On the other hand, the level of evidence is much lower in arbitration, and complainants are not expected to be able to provide detailed medical reports.
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Users' views
Surveys conducted in January 2004 indicate that most respondents (more than 80%) felt that the staff of the unit were friendly and helpful. Most respondents also felt the hearing procedure was fair - that they were able to cover all their points when in front of the tribunal. This is particularly interesting given that the questionnaires were completed before the tribunal had issued its decision, so the responses are not influenced by whether the complainant won or lost.
The unit appears to respond actively to suggestions and complaints made.
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Revised April 2007
Key websites
Southwark Arbitration Tribunal
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