The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2026
This Order amends the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 to allocate specific legal proceedings to the Property Chamber of the First-tier Tribunal and the Lands Chamber of the Upper Tribunal.
It specifically addresses jurisdiction conferred by the Product Security and Telecommunications Infrastructure Act 2022 regarding business tenancies that involve telecommunications 'code rights' under the Landlord and Tenant Act 1954.
The Order applies to the judiciary and parties involved in lease renewals or compensation claims where the primary purpose of the agreement relates to digital communications infrastructure.
Arguments For
The order states that it is necessary to allocate new functions to specific tribunal chambers following the conferral of jurisdiction by the Product Security and Telecommunications Infrastructure Act 2022 (Conferral of Tribunal Jurisdiction under the Landlord and Tenant Act 1954 etc.) Regulations 2026.
Proponents indicate that the measure ensures proceedings relating to business tenancies involving telecommunications 'code rights' are handled by specialized bodies, namely the Property Chamber and the Lands Chamber.
The explanatory note asserts that the order maintains consistency in the tribunal system by directing transferred court jurisdictions to the appropriate existing tribunal structures.
Arguments Against
Legal practitioners might identify potential complexities in determining whether a tenancy's 'main purpose' is to confer code rights, which is the threshold for tribunal jurisdiction under this framework.
Parties currently involved in court proceedings may face transitions in procedural rules as jurisdiction shifts from the courts to the tribunal system.
While the document claims no significant impact on the private sector, some stakeholders might argue that shifting jurisdiction for business tenancy renewals to tribunals necessitates new legal expertise or resource allocation for affected landlords and tenants.
Citation, commencement and extent
- -(1) This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2026.
- (2) This Order comes into force immediately after the Product Security and Telecommunications Infrastructure Act 2022 (Conferral of Tribunal Jurisdiction under the Landlord and Tenant Act 1954 etc.) Regulations 2026( 2 ) come into force.
- (3) Any amendment made by this Order has the same extent as the provision amended.
This section establishes the official title of the Order and its commencement date.
It ties the Order's legal effect to the timing of related regulations regarding the Landlord and Tenant Act 1954.
It also specifies that the geographical reach of these amendments matches the original provisions they update.
Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010
- -(1) The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010( 3 ) is amended as follows.
- (2) In article 5A (functions of the Property Chamber), after paragraph (k) insert-
- '(l) proceedings under Part 2 of the Landlord and Tenant Act 1954( 4 ) as specified in regulations made under section 63(2A) of that Act( 5 ).'. (3) In article 12 (functions of the Lands Chamber), in paragraph (cc) for 'and (j)' substitute ', (j) and (l)'.
This section modifies the 2010 Order to update the specific responsibilities of two tribunal chambers.
It assigns proceedings involving business tenancies under the Landlord and Tenant Act 1954, specifically those involving telecommunications code rights, to the Property Chamber of the First-tier Tribunal.
It further permits the Lands Chamber of the Upper Tribunal to handle these same cases when they are transferred from the lower tribunal.
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