The First-tier Tribunal (Property Chamber) explained

The First-tier Tribunal (Property Chamber) is a special court. It sorts out rows between landlords and tenants. It also covers leaseholders and freeholders, and residents and managing agents. It is not a criminal court. It deals with civil housing rows. These are often about rent, service charges, and the state of a home. Here is what it does, and when it might matter to you.

What is the First-tier Tribunal?

The tribunal is often called the FTT. It is an independent judicial body. It sits in the UK tribunal system, not the county courts. Hearings run less formal than a court. Many people speak for themselves.

Several divisions exist. Each covers a different kind of property matter. Two matter most to tenants. These are Residential Property, and Land Registration.

What types of cases does the FTT hear?

The FTT hears many landlord and tenant rows. These include:

Rent rows

• Rent Act protected tenancies: setting a fair rent for very old tenancies
• Assured tenancy rent rows: fighting rent rises served under Section 13 notices

Leasehold and service charge rows

• Fighting service charges that are too high or not properly incurred
• Rows over whether major works costs are fair
• Rows over administration charges: fees for consents, lease changes

Section 20 consultation rows

• Rows over whether a landlord consulted properly before major works

Housing standards

• Cases under the Housing Act 2004 tied to the Housing Health and Safety Rating System, the HHSRS
• Appeals against improvement notices or prohibition orders from councils

Licensing

• Appeals against licence conditions for HMOs or other homes

Leasehold enfranchisement

• Rows over the terms of a lease extension
• Rows over buying the freehold

How is it different from the county court?

The main differences are:

• Less formal: FTT hearings run looser than the county court
• Property-focused: the panel usually holds a chartered surveyor or housing professional beside a legal member
• Lower costs: a "no-costs" rule applies. Most FTT rulings make neither side pay legal costs. Some exceptions exist. That helps people without a lawyer.
• No fees for most challenges: service charge cases and some others carry low or no fees

The "no-costs" rule

In most FTT cases, neither side claims back legal costs. That holds win or lose. The rule protects tenants. Your landlord's solicitor fees never land on you just because the case reached a hearing.

A few exceptions exist. They mainly bite where a party behaved unreasonably. As a rule, though, the FTT is a low-cost route.

How to make an application

You apply online or by post. You will need to:

• Fill in the right form for your kind of row
• Pay any fee due
• Serve a copy on the other party
• Set out what is in dispute and the evidence you lean on

The FTT sets a timetable. It often asks both sides to swap written evidence and statements first. Hearings run in person or by video.

Is the FTT relevant to housing disrepair?

Normal disrepair claims rarely land at the FTT. They go to the county court, or settle first. The FTT can still matter where:

• You are a leaseholder fighting whether the service charge buys proper upkeep
• Neglect of shared areas or the structure is fought through a service charge row
• A rent rise looks like payback for a disrepair complaint
• A council improvement notice faces appeal, from you or the landlord

When should I contact Support for Tenants?

Does your home have disrepair? Different courts and tribunals have different powers. Call us on 0800 030 4669 for a claim check. If you may have a claim, we refer you to an SRA-regulated panel solicitor who advises which route fits.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Tribunals, Courts and Enforcement Act 2007 (legislation.gov.uk)
• Housing Act 2004, Part 1, HHSRS (legislation.gov.uk)

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