Solve a residential property dispute

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1. Overview

You can apply to the First-Tier Tribunal (Property Chamber - Residential Property) if you鈥檙e a landlord, tenant, freeholder, leaseholder, park home occupier or site owner. The cases you can apply for include:

The tribunal is independent of government and will listen to both sides of the argument before making a decision.

There are different ways to , and .

Resolve a dispute through an ombudsman

For some types of property dispute, you may be able to solve your problem using an ombudsman instead of going to the tribunal.

You cannot use an ombudsman if you鈥檝e already applied to the tribunal.

Before using an ombudsman, you should complain directly to the organisation your dispute is with (for example, your landlord, letting agent or local authority).

Ombudsmen are free to use. Their decision may be legally binding for the organisation your dispute is against. If you鈥檙e unhappy with their decision, you may be able to use another dispute resolution process or take your case to the tribunal instead.

The ombudsmen that deal with residential property disputes include the:

  • which can help tenants or leaseholders in disputes with a social landlord
  • and the which can resolve disputes with property agents
  • which can help with problems with new build homes
  • which investigates complaints about local councils and organisations providing local public services

Help you can get

You may want to get help and advice before you apply - contact or .

You can also get legal advice, including from a lawyer.

2. Apply to the tribunal

Download and fill in the right form for your application.

Why you鈥檙e applying Form Guidance
Rent See the form finder Leaflet T540
Service charges and leasehold management See the form finder Leaflet T541
Leasehold enfranchisement Form 鈥楲easehold 9鈥� Leaflet T542
Houses in multiple occupation and selective licensing Form HMO Leaflet T543
Improvement notices, prohibition orders,
demolition orders		 Form HHSRS Leaflet T543
Park homes See the form finder Leaflet T544
Financial penalties appeals under the Housing Act 2004 Form HO4 Leaflet T543
Financial penalties appeals under the Tenant Fees Act 2019 Form TFA2 Leaflet TFA3
Rent repayment orders Form RRO1 Leaflet T543
Recognising a tenants鈥� association Form TA Leaflet T545
Right to buy your council home is refused Form RTB1 Leaflet T546
Tenant fees charged by landlord or letting agent Form TFA1 Leaflet TFA3
All other cases See the form finder 听

Fees

You may have to pay a fee to apply - the form will say how much. You can apply for help paying the fee if you鈥檙e getting certain benefits or on a low income.

If you鈥檙e a legal or property professional applying to the tribunal on behalf of a client, you can pay with your Payment by Account (PBA) number. When you send the form, you need to include your PBA number in the email.

Send the form

Email the form to the regional office that covers your area.

What happens next

You鈥檒l be told whether the tribunal will consider your case. You may need to provide more evidence, for example additional supporting documents.

You may be told that the case does not need a hearing and can be decided on your application alone (known as a 鈥榩aper decision鈥�). You can still ask for a hearing (鈥榦ral hearing鈥�) if you鈥檇 like one.

3. What happens at the hearing

What happens will depend on whether you鈥檝e asked for a paper decision or an oral hearing.

Paper decision

There will not normally be an oral hearing if you ask for a paper decision, unless a judge requests one.

The paper decision will be based on:

  • your application
  • supporting documents

You鈥檒l usually get a decision within 6 weeks of the tribunal looking at your documents.

Oral hearing

Your hearing may take place by phone, by video or in person. Find out what to expect if you鈥檙e attending a hearing in person. The tribunal will contact you and tell you how the hearing will take place.

The hearing is public. You鈥檒l present your case to the tribunal - someone else can do this for you, for example a legal adviser, surveyor, friend or family member.

You may be asked questions by:

  • your representative (if you have one)
  • the other party鈥檚 representative
  • the tribunal hearing your case

You鈥檒l usually get a decision within 6 weeks of the hearing.

If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.

4. If you're unhappy with the decision

You may be able to appeal if you鈥檙e unhappy with the decision. Ask the tribunal for permission to appeal to the Upper Tribunal (Lands Chamber) within 28 days of the hearing鈥檚 decision.

Contact HM Courts and Tribunals Service (HMCTS) if you want to complain about the quality of service you received.

5. Legislation and previous decisions

Previous decisions

Search the decisions database to see how and why previous decisions have been made.

Legislation

The tribunal must follow the rules in the .

Rent disputes

The tribunal will make a decision based on the:

  • - this limits the amount of rent that can be charged
  • - this covers long leases at low rent

Park homes

The tribunal will make a decision based on the:

Leasehold disputes

The tribunal will make a decision based on the:

Rent repayment orders

The tribunal will make a decision based on .

鈥楬ousing Act 2004鈥� appeals

The tribunal will make a decision based on in certain cases. See:

  • for the law on improvement notices and prohibition orders
  • for the law on demolition orders
  • for the law on emergency remedial notices or emergency prohibition orders
  • for the law on licensing houses in multiple occupation
  • for the law on selective licensing
  • for the law on empty dwelling management orders

Leasehold enfranchisement

The tribunal will make a decision based on the: