Southwark Arbitration Tribunal
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 its tenants and leaseholders. Most complaints are about disrepair.
Although the council pays for the arbitration service, the tribunal is independent. Each tribunal has three members – a councillor, a tenant representative and an independent person. There is also a qualified housing law expert to act as legal adviser to the tribunal.
You have to use the councils own complaints procedure before you can take a case to the tribunal.
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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 the right:
- to have repairs done in a reasonable time
- to be re-housed if you and your partner split up
- to be paid compensation for a substantial disturbance
- to be allowed to see your file
The tribunal cannot:
- ask the council to transfer you
- order improvements (such as installing central heating)
- deal with complaints about neighbours who are causing a nuisance
- deal with condensation dampness
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Cost
The service is free to tenants and leaseholders.
The service is intended to be simple to use, and you can’t claim your legal costs back if you take an adviser with you to the tribunal. However, legal aid is available to eligible clients for advice in preparing a claim.
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How it works - the application
You need to fill in a written application from, which you can get from the Arbitration Unit at Southwark Council. Staff will help you fill in the form if needed.
Note: If you are a tenant, there will be clause in your tenancy agreement committing you to using the Arbitration Tribunal to resolve disputes. But you should note that a court case in 2004 established that the council cannot compel tenants to use the tribunal if they would prefer to take the case to court.
The application form should say clearly:
- what happened
- when it happened
- when it was reported to the council housing department
- what response you had from them
- what you want the council to do
If you are claiming compensation, you need to provide evidence of increased energy bills, for example, or time off work. You can also include photos or videos showing the problem.
You will then be given a date for a hearing, which can take place at your home if it is more convenient for you.
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The hearing
You don’t have to go to the hearing, but it is a good idea to be there to put your case and answer any questions.
There will be three people on the arbitration panel – a councillor, a tenant representative, and an independent person. The council will usually send along someone from the housing department. You can take someone to support you, any witnesses, and someone to argue your case if you want to. But the council won’t normally pay the cost of legal representation. Members of the public and the press are not allowed into the hearing.
The hearing usually takes about an hour. Both sides will have a chance to put their case, and to question each other. Any witnesses will be called in to give evidence.
The decision of the tribunal will be sent to both sides in writing within 30 days.
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Outcomes
If you win, the tribunal decision will set out what the council must do, and when it must be done by. If they don’t do it, the first thing to do is to speak to your housing officer. If the council still doesn’t comply, you can enforce the tribunal decision through the county court. The tribunal can’t enforce its decisions directly. However, this is rarely necessary, as usually the council will do what the tribunal has said.
The tribunal can also award compensation for things such as higher electricity bills, or time off work through sickness. But you should note 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. There is usually no medical evidence at the tribunal, 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.
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June 2009
