Missed a Housing Tribunal Hearing? Your Options as a Renter in England
If you have a dispute with your landlord—such as over repairs, rent increases, or eviction—the Residential Property Tribunal in England may hold a hearing to decide your case. But what if something goes wrong and you miss your hearing date? This guide explains what happens, your rights, and the steps to take if you couldn’t attend a tribunal hearing in England.
Which Tribunal Handles Renters’ Disputes in England?
For most housing and tenancy matters in England, the First-tier Tribunal (Property Chamber) – Residential Property is the official tribunal. This independent body helps resolve disputes between renters and landlords, such as rent increases, repairs, or leasehold disagreements.
What Happens If You Miss a Housing Tribunal Hearing?
The tribunal usually makes a decision based on the evidence and submissions received—even if you aren’t present. If neither you nor your representative attend, there is a risk that an order or judgment may be made in your absence. This is sometimes called a ‘decision on the papers’ or a decision ‘in absence’.
- You may lose the chance to present your side or respond to your landlord’s case.
- It might be harder to challenge the outcome afterwards, but you do have options.
Reasons You Might Miss a Hearing
- Unexpected illness or emergency
- Confusion about the date or time
- Postal delays (for notices)
- Personal issues beyond your control
If you have a good reason (often called ‘good cause’), you may be able to ask for a new hearing or for the decision to be reconsidered.
What Should You Do If You Missed Your Tribunal Hearing?
Act quickly. If you missed your hearing, you can apply to set aside (cancel) or vary the tribunal’s decision. This means asking the tribunal to either cancel its order or change it, usually because you didn’t have a chance to take part.
Applying to Set Aside or Vary a Tribunal Decision
You must usually apply within 28 days of being told about the decision. The tribunal will consider your reasons, such as sickness, miscommunication, or late notification. The decision to grant a new hearing is at the tribunal’s discretion.
Relevant Official Form
- Form: Application for the Tribunal to Set Aside or Vary an Order (Property Chamber)
- When is it used? This form is for asking the tribunal to cancel or change a decision made in your absence. For example, if you missed a rent increase dispute hearing because you were unwell, you would use this form to request a new hearing and explain your absence.
- Application for the Tribunal to Set Aside or Vary an Order (Official Govt Site)
How to Complete the Process
- Download and fill in the form (see the link above).
- Attach evidence if you have it (e.g. medical note, travel delay proof).
- Clearly explain why you missed the hearing and why your case should be reconsidered.
- Submit the form by post or email as instructed on the form’s guidance notes.
Once submitted, the tribunal will review your application and may hold a further hearing or make a new decision based on your evidence.
How Will the Tribunal Decide?
The tribunal will typically assess:
- Whether you have a good reason for missing the hearing
- The strength of your case and if there would be any injustice by not reconsidering
- If you acted promptly after learning about the decision
They may set aside or vary an order if it is fair and just to do so in the circumstances. If not, the order will stand.
Relevant Legislation
Your tribunal rights are governed mainly by the Housing Act 1988 and the tribunal’s own procedure rules: the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.1,2
FAQ: Missing a Tribunal Hearing as a Renter in England
- What if I realise in advance I can't attend my hearing? Contact the tribunal immediately—they may be able to reschedule or allow you to attend by phone or video.
- Is there a fee to apply to set aside or vary a decision? Usually, there is no fee for tenants applying to set aside or vary an order in residential cases, but check the guidance on the official form.
- Can I appeal the tribunal’s final decision? Yes, but only if you believe the tribunal made a legal error. Appeals are usually to the Upper Tribunal and must be made quickly.
- Will non-attendance hurt my case in the future? The tribunal may ask why you missed your hearing. Acting quickly and honestly will help show you are taking your responsibilities seriously.
- Do I still need to comply with the order if I'm challenging it? Yes, unless the tribunal formally suspends the order, you must follow its instructions until a new decision is made.
Key Takeaways for Renters
- If you miss a tribunal hearing in England, act fast: apply to set aside or vary the decision within 28 days.
- Use the official application form and provide clear reasons and evidence for your absence.
- Your case can be reconsidered if it’s fair and you have a valid excuse for missing the hearing.
Missing a tribunal hearing is serious, but renters have rights and pathways to address decisions made in their absence.
Need Help? Resources for Renters in England
- Housing tribunals guidance (GOV.UK)
- Private renting: your rights and responsibilities (GOV.UK)
- Shelter - free housing advice
- Citizens Advice – Housing problems
- Find your local council for further support, especially about council and social housing.
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