Johanne Coupe: Regional Surveyor First-tier Tribunal (Property Chamber)
The role
The role of Regional Surveyor is a post where no two days are ever the same, and one that I find consistently enjoyable, interesting and rewarding. It represents one of the few opportunities for Chartered Surveyors to work within the judiciary, applying professional expertise in a legal setting.
My primary role as Regional Surveyor is determining applications. The Property Chamber’s jurisdictions are diverse, and there is exposure to a wide range of property types, and landlord and tenant disputes. As Regional Surveyor for the Southern Region, based in Havant, I work across them all. By way of example, I determine:
- Market Rents and Fair Rents
- The reasonableness and payability of Service Charges
- Alleged Breaches of lease covenants – for example, unapproved flat alterations or unauthorised short-term lettings
- Mobile home Pitch Fee Reviews
- Rent Repayment Orders arising from alleged licensing failures or eviction
- Appeals against Local Authority imposed Financial Penalties
- Applications to Appoint a Manager of a block of flats, often opposed by the freeholder
- Challenges to Local Authority refusals of the Right to Buy scheme
- Lease extension and Collective Enfranchisement valuations and terms
- Building Safety Act applications, typically sitting as a winger alongside a salaried Judge.
A typical week
I spend one day each week chairing hearings either at Havant Justice Centre or at an alternative Court or Tribunal Centre closer to the Property. On occasion, the panel and I inspect the property either directly prior to the hearing or shortly afterwards, to assist with our decision-making.
Following the hearing, I prepare the draft decision and circulate it to the other panel members for their consideration. Although the Chair writes the decision, it represents the collective reasoning of all members and is only issued once the panel agrees the final version. Typically, I aim to conclude the process within four weeks of the hearing.
On another day each week, I act as Procedural Judge. With five salaried Judicial Office Holders in the Southern Region, each of us typically undertakes box-work one day per week. This involves reviewing new applications to decide whether they are ready to be set down for a final determination. Where they are, I issue Directions requiring the parties to exchange statements and evidence, and to prepare a hearing bundle by set deadlines. I also decide whether the matter will be heard at Havant, an alternative venue, by remote online-video attendance, or whether it is suitable for a paper determination.
Where information is insufficient, I may list a Case Management Hearing to discuss the issues with the parties, for example, identification of the appropriate parties or clarification of the issues in dispute. Where the matter is a service charge dispute it will be listed for a Conciliation and Dispute Resolution hearing, where I encourage parties to negotiate a settlement or narrow the issues.
As Procedural Judge, I also deal with case management applications, for example, a party seeking an extension of time to submit their case, a hearing adjournment, strike-out applications or applications to bar a party from participating in the hearing.
The remainder of my time is spent writing decisions, supporting Valuer Chairman, colleagues and case officers, completing administrative tasks, writing training material, delivering presentations on the work of the Tribunal to outside organisations, and attending various meetings both regionally and nationally.
Myself and my fellow Regional Surveyors sit on various cross-region groups and committees. For my part, I am involved with the Rents Committee, preparing for changes under the Renters’ Rights Act, and the Training Committee, responsible for planning and delivering training across the Chamber. Regional Surveyors in Midlands and Eastern have recently led on recruitment competitions, with myself and other Regional Surveyors joining the interview panels.
Regional Surveyors from all five regions also meet regularly to discuss upcoming training, interesting cases and to assist and support each other.
Benefits of the role
There are many benefits to this role, including a rewarding and varied workload, no two days are the same, with a constant mix of legal, valuation and practical problem-solving work, providing Intellectual challenge and professional satisfaction. It involves working from varied locations and working settings, from courtroom hearings across the region, to occasional on-site inspections, adding variety beyond a purely desk-based role.
There are opportunities to learn and develop new skills, such as mediation, judicial reasoning, decision-writing, and Tribunal procedure, all supported by experienced colleagues, along with Excellent training and structured continuous professional development, with a highly regarded training programme for new members. The working environment is supportive, and involves working collaboratively with your local salaried judicial team, other Regional Surveyors, Judges, Valuer Chairman, panel members, and other Judicial Office Holders.
And finally, taking on this role means performing a vital public service, helping parties resolve disputes, often in challenging circumstances.
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