Hearings
Property tribunals in England and Wales use either:
- in-person hearings – where each party is given an opportunity to explain their case and ask questions by the chair of the tribunal
- paper hearings – where the tribunal panel makes a decision in private based entirely on written evidence and submissions, without anyone attending in person
The format usually depends on how complex the case is. Many matters can be dealt with as paper hearings, unless you request an in-person hearing.
A paper hearing will be cheaper as you do not need to pay a hearing fee or have representation. However, you’ll need to relybe reliant on the written submissions and evidence you provide to make your case and will not be able to question the other side’s evidence.
You can request the type of hearing you prefer when you make your application. However, if you request a paper hearing:
- the tribunal may decide that an in-person hearing is needed
- the person or company you are bringing a case against can request an in-person hearing, and the tribunal cannot refuse the request
You’ll usually get 2 to 3 weeks’ notice for an in-person hearing, but a tribunal can give shorter notice in special circumstances or if both parties agree.
Costs
In most cases, each side will pay their own legal costs.
However, the tribunal can order one party to pay another party’s costs. This might happen if one side has behaved unreasonably or not followed directions, or if the tribunal thinks the case should not have been brought.
Protecting yourself from paying your landlord’s legal costs
It’s common for leases to allow the landlord to add their legal costs of managing the property to the service charge, or to recover legal costs relating to an individual leaseholder through an administration charge.
These costs can include the costs of a tribunal case, whether it was started by the landlord or a leaseholder. They can include the landlord’s solicitor fees, which can be expensive.
This can mean that even if your tribunal application is successful, you’ll have to pay a share of the landlord’s legal costs through your service charge.
You can prevent this by applying to the tribunal for an order that stops or limits the landlord from adding their legal costs to the service charge. This is called a Section 20C order (under Section 20C of the Landlord and Tenant Act 1985).
You can also apply for a similar order that prevents the landlord from charging you through an administration charge, under Paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002.
The tribunal will consider the evidence and grant an order if it decides this is fair. The order might apply to all of the landlord’s legal costs, or it might limit the amount that they can charge.
Important
If you apply to the tribunal, make sure you tick the boxes on the application form to also apply for these orders.
If your landlord applies to the tribunal, you can make a separate application for these orders. Use application form Leasehold 7 in England, or LVT4 in Wales.
As part of its leasehold reforms, the government plans to make changes in future that will prevent landlords from including their litigation costs in the service charge, unless the relevant court or tribunal makes an order allowing this. However, this change has not yet been introduced.
Appealing a tribunal decision
If the decision gives you permission to appeal, you have 28 days to apply to the Upper Tribunal (Lands Chamber).
If the decision does not give you permission to appeal, you can apply to the tribunal for permission within 28 days of the date of the decision.
If the tribunal does not give you permission to appeal, it must tell you why. You will also be given details of how to seek permission to make an appeal to the Upper Tribunal (Lands Chamber).
Find out more:
- Last updated:
- 3 September 2026
- Next review:
- 2 March 2027
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