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’re a landlord, tenant, freeholder, leaseholder, park home occupier or site owner. The cases you can apply for include:
- rent increases for ‘fair’ or ‘market’ rates
- leasehold disputes, for example variable service charges, recognising a tenants’ association, management disputes
- leasehold enfranchisement, for example buying the freehold for a group of flats, extending a lease
- disputes about park homes, for example breach of agreement, changing the pitch fee
- financial penalties issued by local authorities
- rent repayment orders
- improvement notices and prohibition orders where your notice is under the Housing Act 2004
- disputes about licences for houses in multiple occupation
- the right to buy your council home being refused because it’s deemed suitable for elderly people
- banned tenant fees you paid to a landlord or letting agent, for example fees for a credit check
The tribunal is independent of government and will listen to both sides of the argument before making a decision.
There are different ways to apply in Wales, apply in Scotland and apply in Northern Ireland.
Help you can get
You may want to get help and advice before you apply - contact Leasehold Advisory Service or Citizens Advice.
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’re applying | Form | Guidance |
|---|---|---|
| Rent | See the form finder | Leaflet T540 |
| Service charges and leasehold management | See the form finder | Leaflet T541 |
| Leasehold enfranchisement | Form ‘Leasehold 9’ | 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’ 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 |
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’re getting certain benefits or on a low income.
If you’re 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’ll 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 ‘paper decision’). You can still ask for a hearing (‘oral hearing’) if you’d like one.
3. What happens at the hearing
What happens will depend on whether you’ve 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’ll 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’re attending a hearing in person. The tribunal will contact you and tell you how the hearing will take place.
The hearing is public. You’ll 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’s representative
- the tribunal hearing your case
You’ll 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’re unhappy with the decision. Ask the tribunal for permission to appeal to the Upper Tribunal (Lands Chamber) within 28 days of the hearing’s 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 Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.
Rent disputes
The tribunal will make a decision based on the:
- Rent Act 1977
- Rent Acts (Maximum Fair Rent) Order 1999 - this limits the amount of rent that can be charged
- Local Government and Housing Act 1989 - this covers long leases at low rent
- Housing Act 1988
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 part 2, chapter 4 of the Housing and Planning Act 2016.
‘Housing Act 2004’ appeals
The tribunal will make a decision based on Housing Act 2004 in certain cases. See:
- part 1, chapter 2 for the law on improvement notices and prohibition orders
- part 1, chapter 4 for the law on demolition orders
- part 1, chapter 3 for the law on emergency remedial notices or emergency prohibition orders
- part 2 for the law on licensing houses in multiple occupation
- part 3 for the law on selective licensing
- part 4, chapter 2 for the law on empty dwelling management orders
Leasehold enfranchisement
The tribunal will make a decision based on the: