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When to appeal to the Residential Property Tribunal (RPT)

The RPT is an independent legal body that offers a fair way to settle disputes without the need to go to court. You can appeal to the RPT about various types of residential property disputes. This includes Right to Buy, but only if your Right to Buy application was refused because your home is suitable for the elderly. The RPT will not accept a Right to Buy appeal for any other reason.

If you live in Wales, Right to Buy appeals are managed by the Welsh Assembly. You should contact the Welsh Assembly directly to find out how to appeal if your home is in Wales. Call 0845 010 4400 or visit the website.

• Exceptions to Right to Buy

• Residential Property Tribunals - information from Ministry of Justice Opens new window

• Welsh Assembly Government Opens new window

How to appeal to the RPT

You must appeal to the RPT within 56 days of your landlord refusing you the Right to Buy. If you don’t, you will lose the right to appeal.

To appeal, fill out the application form, ‘Determination as to whether a dwelling house is suitable for occupation by elderly persons’. Use the link below to get this from the Residential Property Tribunal Service (RPTS).

Send the completed form to your nearest Rent Assessment Panel (the address is on the application form).

• Application forms - Residential Property Tribunal Service Opens new window

• Guidance notes - Residential Property Tribunal Service Opens new window

Getting help and advice

You can get free advice about your dispute from Citizens Advice. A solicitor can help you too, but they might charge a fee.

You can get someone to represent you at your appeal (like a solicitor or friend). If someone represents you, information about your case will be sent to them and not you. Any information the RPT asks for will usually have to be sent by them and not you.

• Find your local Citizens Advice Bureau

• Find a solicitor or advice agency

How the RPT makes its decision

You can get full details on how an appeal is managed from the RPTS. The basics steps are below.

Step one: the RPT will confirm that it has received your application.

Step two: the respondent (the person opposing the appeal, usually your landlord) will be sent a copy and asked to confirm if they are going to oppose it. If they don’t oppose it, the RPT will write to you and you can buy the property through the ‘Right to Buy’ scheme.

Step three: the RPT might ask you for further information, eg a copy of your tenancy agreement. If you don’t send what they ask for, your appeal could be delayed or dismissed.

Step four: the RPT might inspect the property. The inspector needs your permission if they want to look inside your home. The respondent or their representative can only come inside your home with the inspector if you agree.

Step five: the RPT will send copies of all the evidence to both sides, so you both have a fair chance to comment on it.

Step six: the RPT will look at your case – either with a ‘paper determination’ (if both sides agree) or at a hearing (if they don’t). A ‘paper determination’ is where both sides send their evidence in writing. At a hearing, usually three RPT members listen to the evidence from both sides and ask questions. You can ask questions and represent yourself or get someone else to.

Step seven: the RPT will send its decision in writing 28 days after step six.

• Decisions - Residential Property Tribunal Service Opens new window

If you do not agree with the decision

The only way to challenge the RPT’s decision is through the High Court. You have to apply to the High Court within 28 days of the RPT’s decision.
Get legal or professional advice to help you because:

• you have to show that the law was not used correctly
• you might have to pay legal costs

If you have a complaint about how your case was handled, you can complain to the Residential Property Tribunal Service. For details on how to complain, see the link below.

• Find a solicitor or advice agency

• Complain about court staff - what do I do?

More useful links

• Buying your council home - the Right to Buy scheme