First-tier Tribunal: A Guide for Leaseholders
Understand your route to resolving property disputes through the tribunal system
Last updated: January 2026
What is the First-tier Tribunal?
The First-tier Tribunal (Property Chamber) is a specialist court that resolves disputes between leaseholders, freeholders, and managing agents. It's an independent body that operates separately from the standard court system and is designed to be more accessible and less formal.
The Tribunal handles a wide range of residential property disputes in England and provides a structured way to resolve disagreements when informal negotiations have failed. Unlike civil courts, it was created specifically to deal with property matters and has judges (called "tribunal members") with expertise in this area.
Expert Panel
Cases are typically heard by a panel including a legally qualified chair and property professionals such as surveyors or valuers.
Less Formal
The atmosphere is more relaxed than a traditional court. Many applicants represent themselves without solicitors or barristers.
Wales has a separate system
This guide covers England. In Wales, property disputes are handled by the Leasehold Valuation Tribunal (part of the Residential Property Tribunal Wales). The processes are similar but administered separately.
What Matters Does the Tribunal Handle?
The Property Chamber deals with a broad range of residential property disputes. The most common applications involve:
Service Charges
Disputes over the reasonableness or payability of service charges. This includes challenges to major works costs, management fees, and ongoing maintenance charges.
Lease Extensions
Determining the premium payable when a freeholder and leaseholder cannot agree on the price for a statutory lease extension.
Right to Manage (RTM)
Disputes over whether leaseholders have the right to take over management of their building through an RTM company.
Collective Enfranchisement
Determining the price when leaseholders collectively purchase the freehold and cannot agree terms with the freeholder.
Administration Charges
Challenges to fees charged by landlords for approvals, consents, or administrative tasks such as deed of covenant fees.
Appointment of a Manager
Applications to have the Tribunal appoint an independent manager to take over management from a failing landlord or managing agent.
The Tribunal also handles disputes about breach of covenant, variation of leases, and dispensation from consultation requirements for major works.
When Should You Apply?
The Tribunal should generally be your last resort, not your first. Before making an application, you should have exhausted informal resolution options.
Steps to Take First
- 1 Raise the issue directly with your landlord, freeholder, or managing agent in writing. Give them a reasonable chance to respond.
- 2 Use any complaints procedure your managing agent or landlord has. Many issues can be resolved at this stage.
- 3 Consider mediation if direct negotiations have stalled. This is faster and cheaper than Tribunal proceedings.
- 4 Get advice from organisations like LEASE (the Leasehold Advisory Service) who can help you understand your options.
Time limits may apply
Time limits vary by application type. For some matters (such as certain Section 20 consultation disputes), there may be deadlines running from receipt of a demand. If you're unsure about deadlines for your specific case, seek advice promptly.
When Tribunal is the Right Choice
Apply to the Tribunal when:
- Informal negotiations have genuinely failed and no further progress is possible
- You need a legally binding determination of the premium for a lease extension
- Your freeholder is refusing to engage with an RTM claim
- You have evidence of unreasonable service charges and need a formal ruling
How to Apply to the Tribunal
The application process is designed to be accessible without legal representation, though you may choose to use a solicitor for complex cases.
The Application Process
Choose the right form
Different disputes require different application forms. Visit the GOV.UK website to find the correct form for your case type.
Complete the application
Fill in the form with details of your case, the parties involved, and the outcome you're seeking. Be clear and concise.
Gather supporting documents
Collect evidence such as your lease, service charge demands, correspondence, and any other relevant documents.
Pay the application fee
Fees vary depending on the type of application. The standard fee for most applications is £100-£300.
Submit your application
Applications can be submitted online, by post, or by email. You'll receive acknowledgment within a few days.
Await directions
The Tribunal will send directions to both parties setting out the timetable and what evidence is required.
Application Fees
| Application Type | Fee |
|---|---|
| Service charge determination | £100 - £200 |
| Lease extension (missing landlord) | £200 |
| Right to Manage | £100 |
| Appointment of a manager | £100 - £350 |
| Dispensation from consultation | £100 |
Fees are subject to change. Check the GOV.UK website for current fees.
The Hearing Process
Not all cases require a hearing. Some are decided on paper based on written evidence. However, most contested cases will have a hearing where both parties present their case.
Before the Hearing
- Exchange evidence - Both parties must share documents and witness statements by the deadline set in directions.
- Prepare a bundle - Organise all documents in a logical order, with page numbers and an index.
- Draft a statement of case - Summarise your arguments clearly, referencing relevant documents.
At the Hearing
Hearings are typically held at Tribunal venues, though some may be conducted remotely via video link. Here's what to expect:
Opening
The chair will introduce the panel, explain the procedure, and confirm the issues to be decided. This is your opportunity to clarify anything about the process.
Presenting Your Case
You'll have the opportunity to present your arguments, refer to evidence, and call any witnesses. The Tribunal may ask questions for clarification.
Cross-Examination
The other party (or their representative) may ask you questions. Stay calm, listen carefully, and answer honestly. It's fine to say you don't know.
Closing
Both parties summarise their key points. The Tribunal will explain when to expect the decision (usually within a few weeks).
Representation
You can represent yourself, bring a friend or relative for support, use a solicitor, or instruct a barrister. Many applicants successfully represent themselves, particularly in straightforward cases.
Costs at the Tribunal
One of the most significant differences between the Tribunal and ordinary courts is the approach to costs. Generally, each party pays their own costs regardless of who wins.
No "Loser Pays" Rule
Unlike civil courts, the Tribunal does not usually order the losing party to pay the winner's costs. This makes it less risky for leaseholders to bring genuine claims.
Exception: Unreasonable Conduct
The Tribunal can award costs against a party who has behaved unreasonably, such as making frivolous claims or deliberately delaying proceedings.
What Costs Should You Expect?
- Application fee - £100 to £350 depending on case type
- Solicitor (if used) - Varies widely, from £1,000 to £10,000+
- Expert witness (if needed) - £500 to £2,000 for a surveyor's report
- Travel and time - Your time attending the hearing
Watch out for lease clauses
Some leases contain clauses requiring leaseholders to pay the landlord's legal costs. The Tribunal can limit such costs under Section 20C of the Landlord and Tenant Act 1985 if you apply. Always include a Section 20C application if relevant.
Decisions and Appeals
After the hearing, the Tribunal will issue a written decision. This typically takes 4-8 weeks, though complex cases may take longer.
The Decision
The written decision will include:
- A summary of the case and the parties' arguments
- The Tribunal's findings of fact
- The legal reasoning behind the decision
- The final determination or order
Appealing to the Upper Tribunal
If you believe the First-tier Tribunal made an error of law, you can apply for permission to appeal to the Upper Tribunal (Lands Chamber). You cannot appeal simply because you disagree with the decision.
Appeal Process
Costs at the Upper Tribunal
Unlike the First-tier Tribunal, the Upper Tribunal does follow a "loser pays" costs regime. Think carefully before appealing, and consider taking legal advice.
Tips for Success
Whether you're representing yourself or using a solicitor, these tips will help you prepare effectively.
Be Organised
Keep all documents in chronological order with clear labels. Create an index and page numbers. The Tribunal appreciates well-organised bundles.
Focus on Evidence
The Tribunal makes decisions based on evidence, not emotion. Gather documents that support your case: correspondence, invoices, photographs, and expert reports.
Know Your Lease
Many disputes turn on the specific wording of the lease. Understand the relevant clauses and be prepared to refer to them directly.
Meet Deadlines
The Tribunal sets strict deadlines for submitting evidence and statements. Missing deadlines can damage your case or result in evidence being excluded.
Stay Professional
Present your case calmly and professionally. Avoid personal attacks on the other party. Focus on the facts and legal issues, not personalities.
Consider Joining Forces
If other leaseholders have similar complaints, consider joining together. A collective application can be more persuasive and share costs.
How OpenCourtyard Helps
While OpenCourtyard doesn't provide legal advice or representation, our platform helps you prepare for Tribunal proceedings by keeping your community organised:
Document Storage for Evidence
Keep all your property documents, service charge demands, and correspondence in one place. When you need to prepare evidence for the Tribunal, everything is organised and accessible.
Track Issues Over Time
Log maintenance issues, complaints, and correspondence with timestamps. This creates a clear chronology that can be invaluable when presenting your case.
Community Coordination
If multiple leaseholders share concerns, OpenCourtyard makes it easy to coordinate. Discuss issues, share documents, and decide together whether to pursue a collective application.
Share Experience
Connect with neighbours who have been through the Tribunal process. Their experience and recommendations can help you prepare more effectively.
Further Resources
Important: This guide provides general information and is not legal advice. Laws and procedures change – always verify current rules with official sources and consider seeking professional advice for your specific situation.
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