Leasehold Action
A trading name of Talk Legal Limited
The Property Tribunal
Understanding what the First-tier Tribunal (Property Chamber) can and cannot do.
What is the First-tier Tribunal (Property Chamber)?
The First-tier Tribunal (Property Chamber) is a specialist judicial body. In residential leasehold work it determines particular disputes given to it by legislation, including defined questions about service charges, administration charges, consultation, management, right to manage and lease variation.
It is intended to be more accessible than conventional court proceedings, but cases can still involve detailed leases, legislation, accounts, expert evidence, witness statements and substantial hearing bundles.
What may the Tribunal decide?
In a service-charge case, for example, it may determine:
- —whether a charge is payable;
- —by whom and to whom it is payable;
- —the amount payable;
- —when and how it is payable;
- —whether the relevant cost was reasonably incurred;
- —whether the work or service was of a reasonable standard.
In other proceedings, it may determine defined questions about administration charges, statutory consultation or dispensation, appointment of a manager, right to manage, lease variation and other matters within its jurisdiction.
What can it not necessarily do?
The Tribunal is not a general complaints service. It cannot necessarily award every form of compensation, order any repair or improvement requested, decide matters belonging to the County Court, rewrite a lease because its terms are inconvenient or determine a claim against a person who has not properly been made a party.
Part of the work is to identify the precise determination required and whether the Tribunal has power to make it.
Preparation and representation
The Tribunal rules allow a party to appoint a representative whether or not legally qualified, subject to the rules and directions of the Tribunal.
Depending on the written instruction, Leasehold Action may assist with analysis, the application or response, procedural stages, documentary and expert evidence, witness statements, submissions, the bundle and representation at the hearing.
Costs and risk
The costs rules differ from ordinary County Court litigation, but proceedings are not free from financial risk. Relevant matters may include application and hearing fees, expert costs, the limited powers to order one party to pay another's costs, contractual clauses allowing a landlord to seek legal costs through an administration charge or service charge, and applications intended to restrict that recovery.
The position depends on the type of case, the lease, the legislation and the parties' conduct. It should be considered before an application is made or defended.
Ask about a Tribunal case
If you have Tribunal proceedings or are considering an application, tell us about it and we will tell you whether we can help.