First-tier Tribunal (Property Chamber): what it is and when tenants can use it

The First-tier Tribunal (Property Chamber) is an independent judicial body that hears a range of disputes involving residential property in England. For tenants, it can be a route to challenge certain decisions without going to the County Court. Below, we look at when and how you might use it.

What is the First-tier Tribunal (Property Chamber)?

The Property Chamber is part of the First-tier Tribunal system, which operates separately from the ordinary court system. It is a formal decision-making body with legally qualified judges and specialist members. It handles housing and property disputes that fall within its statutory remit.

For most housing disrepair claims, the County Court remains the primary route. However, the Property Chamber has jurisdiction over certain specific matters.

What types of case can the Property Chamber hear?

Rent disputes for assured tenancies: If your landlord has served a notice of a rent increase and you dispute the amount, you can apply to the Property Chamber to challenge it. This applies to periodic assured tenancies where the landlord has used the statutory procedure.

Leasehold disputes: If you are a leaseholder (not a standard tenant), the Property Chamber can hear disputes about service charges, major works, management of the building, right-to-manage applications, and whether service charges are reasonable.

Rent Repayment Orders: Tenants can apply to the Property Chamber for a Rent Repayment Order if their landlord has committed certain offences, such as renting out an unlicensed HMO, serving a section 21 notice when they should not have been able to, or harassing a tenant.

HMO licence appeals: Landlords can appeal against licensing decisions, but tenants can also have standing in some HMO licensing cases.

Right of first refusal: In some cases involving the sale of a building, leaseholders can challenge decisions through the Tribunal.

How is the First-tier Tribunal different from a court?

The Property Chamber is meant to be accessible, it is less formal than court proceedings, hearings can be conducted by written submissions only in some cases, and it does not generally award costs against the losing party (though it can in some circumstances).

Representation is allowed but not required. Many applicants appear without a solicitor.

How do I apply?

Applications to the Property Chamber are made online through the HM Courts and Tribunals Service. You will need to complete the appropriate application form for your type of dispute, pay the application fee (which varies by case type and may be waived for those on low income), and provide supporting documents.

For a Rent Repayment Order, you will need to show that the landlord committed the relevant offence and that you paid rent during the period covered.

When is this route better than the County Court?

For certain specific disputes, particularly Rent Repayment Orders and rent challenge applications, the Property Chamber is the correct route rather than the County Court. For standard housing disrepair claims where you are seeking compensation for repairs not carried out, the County Court is the usual route.

When should I contact Support for Tenants?

If your landlord has not fixed disrepair in your rented home, a housing disrepair claim through the courts may be the right route. Call us.

Call us on 0800 030 4669. 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)
• Commonhold and Leasehold Reform Act 2002 (legislation.gov.uk)

Related articles

• Rent repayment order, how to apply