England and Wales · Property Chamber
When must a Property Chamber set-aside application be received?
A party seeking to set aside a decision disposing of proceedings. The Tribunal must receive the written application within 28 days after the later specified sending event. Send a written set-aside application for receipt by the Tribunal. Rule 51 concerns procedural irregularity and the interests of justice. It is not a general merits appeal. The later reasons-sending event can govern even where the decision notice was sent earlier.
- Period
- The Tribunal must receive the written application within 28 days after the later specified sending event
- Trigger
- The later sending date of the decision notice or the notice of reasons to that party
- Rule
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15. Rule 51 concerns procedural irregularity and the interests of justice. It is not a general merits appeal. The later reasons-sending event can govern even where the decision notice was sent earlier.
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When must a Property Chamber set-aside application be received?
A party seeking to set aside a decision disposing of proceedings. The Tribunal must receive the written application within 28 days after the later specified sending event. Send a written set-aside application for receipt by the Tribunal. Rule 51 concerns procedural irregularity and the interests of justice. It is not a general merits appeal. The later reasons-sending event can govern even where the decision notice was sent earlier.
Responsible actor. A party seeking to set aside a decision disposing of proceedings.
The later sending date of the decision notice or the notice of reasons to that party
Disposing decision and a rule 51(2) procedural condition established
Rule 51 concerns procedural irregularity and the interests of justice. It is not a general merits appeal. The later reasons-sending event can govern even where the decision notice was sent earlier.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15How does this provision count time?
- Establish both actual sending events and use the later qualifying date. Exclude that date, count 28 calendar days and apply rule 15.
- Send a written set-aside application for receipt by the Tribunal
- Use the later sending of the decision notice or reasons before counting the set-aside period. The Tribunal must receive the written application before 5PM on the final working date. A disputed regional holiday or additional closure prevents this ordinary receipt calculation.
Establish both actual sending events and use the later qualifying date. Exclude that date, count 28 calendar days and apply rule 15.
Use the later sending of the decision notice or reasons before counting the set-aside period. The Tribunal must receive the written application before 5PM on the final working date. A disputed regional holiday or additional closure prevents this ordinary receipt calculation.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15What do independently checked examples show?
Fictitious example
Fictitious actual source event. The later sending date of the decision notice or the notice of reasons to that party established on Tuesday, October 13, 2026. Send a written set-aside application for receipt by the Tribunal. All selected source conditions are established unless this scenario expressly refuses them.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious actual source event. The later sending date of the decision notice or the notice of reasons to that party established on Tuesday, October 13, 2026. Send a written set-aside application for receipt by the Tribunal. All selected source conditions are established unless this scenario expressly refuses them. Independently derived with Python calendar correspondence or counted calendar dates, without importing the application helper or engine. | November 10, 2026 before 5PM Europe/London. Exclusive clock boundary 2026-11-10T17:00:00.000Z. |
| Example 2. Closed-day boundary | Fictitious actual source event. The later sending date of the decision notice or the notice of reasons to that party established on Saturday, November 28, 2026. Send a written set-aside application for receipt by the Tribunal. All selected source conditions are established unless this scenario expressly refuses them. Independently derived with Python calendar correspondence or counted calendar dates, without importing the application helper or engine. | December 29, 2026 before 5PM Europe/London. Exclusive clock boundary 2026-12-29T17:00:00.000Z. |
| Example 3. Material procedural branch | Fictitious actual source event. The later sending date of the decision notice or the notice of reasons to that party established on Tuesday, October 13, 2026. Send a written set-aside application for receipt by the Tribunal. All selected source conditions are established unless this scenario expressly refuses them. Independently derived with Python calendar correspondence or counted calendar dates, without importing the application helper or engine. | The precise actor and rule-specific event branch is not established. No independent date follows from a generic decision or dispatch event. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable source condition 1
- Disposing decision and a rule 51(2) procedural condition established
- Applicable source condition 2
- Decision and reasons sending dates established, including absence of a later notice
- Applicable source condition 3
- Interests-of-justice requirement and absence of different operative period acknowledged
- Counting and completion
- Establish both actual sending events and use the later qualifying date. Exclude that date, count 28 calendar days and apply rule 15. Use the later sending of the decision notice or reasons before counting the set-aside period. The Tribunal must receive the written application before 5PM on the final working date. A disputed regional holiday or additional closure prevents this ordinary receipt calculation.
- Rule 51 concerns procedural irregularity and the interests of justice. It is not a general merits appeal. The later reasons-sending event can govern even where the decision notice was sent earlier.
- Rule 51 concerns procedural irregularity and the interests of justice. It is not a general merits appeal. The later reasons-sending event can govern even where the decision notice was sent earlier.
What must the responsible actor complete?
Questions about this procedure
When must a Property Chamber set-aside application be received?
Can this replace an appeal on the merits?
Rule 51 requires an interests-of-justice assessment and at least one listed procedural condition. A merits challenge needs the proper appeal route.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15Which date controls if reasons were sent later?
Subsection (3)(b) uses the later sending date of the notice of reasons.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15Does a party’s later receipt restart the period?
The specified events are when the Tribunal sent the decision or reasons notice to the party.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15What procedural problems can qualify?
Subsection (2) lists missing or late documents, absence from a hearing and other procedural irregularity.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15Is dispatch of the application enough?
Subsection (3) requires a written application received by the Tribunal within the period.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15Does filing within 28 days guarantee that the decision will be set aside?
No. The Tribunal must also consider the interests of justice and the applicable procedural condition.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, r.51(1)–(3), r.15 | Check the identified procedure, event, counting rule or qualification |
| Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rules 2, 6(3)(a), 15 and 16 | Check the identified procedure, event, counting rule or qualification |