There are ways of resolving disputes without having to go to Court or Tribunal.
Mediation
Mediation gives you and your landlord an opportunity to discuss the problem and work out a solution in an informal setting.
A mediator is an impartial third party who can help you both to clarify the issues, to communicate with each other and to try to reach an amicable agreement.
Mediation can provide a quick, cheap, informal and confidential means of settling a dispute.
Early neutral evaluation
In early neutral evaluation (ENE), an independent expert assesses the issues in dispute and gives an opinion on the merits of each side’s arguments.
Unlike in arbitration, the opinion is not legally binding, but it gives you an unbiased evaluation of the relative strengths of your cases and what might happen if you take the matter to the First-tier Tribunal (Property Chamber) in England, or the Leasehold Valuation Tribunal in Wales.
As such, ENE can be a basis for further negotiations, avoiding the time, expense and anxiety caused by unnecessary legal action.
Arbitration
Although arbitration is not carried out by a Tribunal or court, the decision of an arbitrator is final and legally binding with minor exceptions. It can be similar to legal proceedings with the presentation of evidence and documents according to the arbitrator’s rules. Unlike in most court cases, the result can stay confidential.
Some leases demand arbitration to decide issues such as service charge disputes, but you could agree to arbitration with your landlord on any dispute.
You can agree the arbitrator between you, or ask a professional body, such as the Law Society or the Royal Institution of Chartered Surveyors to make a recommendation.
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers.
To challenge your service charges as a leaseholder, you need to make an application to the First-tier Tribunal (Property Chamber).
Your application form should include:
You may also need to provide information about the complexity of your case that will help the tribunal to process it, and your availability for a hearing.
You cannot apply to the Tribunal if:
Get help
Applying to the Tribunal can be a difficult process. We recommend you seek advice from a solicitor, surveyor or managing agent.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers.
Recent decisions are available on the Residential Property Tribunal decisions website.
Historic Tribunal decisions are available on the LEASE decisions website.
Please note that past decisions do not bind future Tribunals and so cases are decided on their own merits.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
In order to apply to the Tribunal, you will need to fill in an application form. Forms can also be obtained from a regional rent assessment panel.
If no specific form exists for your case category then you should write to the tribunal including specified information.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers.
Tribunal hearings are quite informal. You can state your own case or have a friend or professional to speak for you. The Tribunal normally sits as a panel of three consisting of one legally trained member, one surveyor and one lay person to provide a balanced perspective. The Tribunal panel have control over the hearing and will decide in which order things are dealt with.
You may require the services of a solicitor.
More information you might find useful:
An application fee is payable by the applicant and is fixed in the amount of £110.
Fees can also be waived or reduced where the applicant is in receipt of certain benefits.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
An appeal can be made to the Upper Tribunal (Lands Chamber), but permission must first be granted by the Tribunal. Any application for permission to appeal must be made to the Tribunal within 28 days from the date the reasons for the decision are sent to the parties. If the Tribunal does not grant permission to appeal, permission can then be sought from the Upper Tribunal (Lands Chamber).
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers.
The First-tier Tribunal (Property Chamber) aim to send out the written decision and reasons for it within 6 weeks of the hearing (or paper determination if there was no hearing). In some circumstances the Tribunal will inform you of their decision at the end of the hearing itself.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
Download now
