The First-tier Tribunal (Property Chamber) explained

The First-tier Tribunal (Property Chamber) is a specialist court that handles disputes between landlords and tenants, leaseholders and freeholders, and residents and managing agents. It is not a criminal court, it deals with civil housing disputes, often about rents, service charges, and property standards. Here is what it does and when it might be relevant to you.

What is the First-tier Tribunal?

The First-tier Tribunal (Property Chamber), sometimes called the FTT, is an independent judicial body. It is part of the UK tribunal system, not the county courts. Hearings are less formal than a court, and many people represent themselves.

The tribunal has several divisions dealing with different property matters. The ones most relevant to tenants are the Residential Property and the Land Registration divisions.

What types of cases does the FTT hear?

The FTT handles a wide range of landlord and tenant disputes, including:

Rent disputes

• Rent Act protected tenancies: applications to determine a fair rent for very old tenancies
• Assured tenancy rent disputes: challenges to rent increases proposed by landlords under Section 13 notices

Leasehold and service charge disputes

• Challenges to service charges that are unreasonable in amount or not properly incurred
• Disputes about the reasonableness of major works costs
• Applications about administration charges (charges for consents, lease variations)

Section 20 consultations

• Disputes about whether a landlord followed proper consultation procedures before carrying out major works

Housing standards

• Applications under the Housing Act 2004 related to the Housing Health and Safety Rating System (HHSRS)
• Appeals against improvement notices or prohibition orders issued by local councils

Licensing

• Appeals against licensing conditions for HMOs or other properties

Leasehold enfranchisement

• Disputes about the terms of a lease extension
• Disputes about freehold purchase

How is it different from the county court?

The main differences are:

• Less formal: FTT hearings are generally less formal than county court proceedings
• Specialist: the panel usually includes a specialist member (such as a chartered surveyor or housing expert) as well as a legal member
• Lower costs: because of the "no-costs" rule, most FTT decisions do not award legal costs to either side (with some exceptions). This makes it more accessible for unrepresented parties.
• No fees for most challenges: service charge applications and some other applications have low or no fees

The "no-costs" rule

In most FTT cases, neither side can recover their legal costs from the other even if they win. This is an important protection for tenants, you will not be required to pay your landlord's solicitor fees just because the case went to a hearing.

There are limited exceptions, mainly where a party has behaved unreasonably. But as a general rule, the FTT is a relatively low-cost route.

How to make an application

Applications are made online or by post to the FTT. You will need to:

• Complete the correct application form (these vary depending on the type of dispute)
• Pay any applicable fee
• Serve a copy on the other party
• Set out the issues in dispute and the evidence you rely on

The FTT will set a timetable, often requiring both sides to exchange written evidence and statements before the hearing. Hearings can often be attended in person or by video.

Is the FTT relevant to housing disrepair?

Directly, the FTT does not usually handle standard housing disrepair claims. Those claims go to the county court (or are settled before court). However, the FTT is relevant if:

• You are a leaseholder disputing whether the service charge covers proper maintenance of the building
• You want to challenge a landlord's failure to maintain communal areas or the structure of the building through a service charge dispute
• You are challenging a rent increase that you believe is connected to retaliatory behaviour after a disrepair complaint
• The council has issued an improvement notice that either you or the landlord wants to appeal

When should I contact Support for Tenants?

If your home has disrepair, the county court, via a no-win no-fee housing disrepair claim, is usually the right route. Call us on 0800 030 4669 and we can advise which route fits your situation.

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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• Damp compensation in the small claims court
• Should I use a solicitor or an ombudsman?