This guide explains when a leasehold dispute may need to go to the County Court, what to think about before starting a court claim, what the process usually involves, and how costs can work.
Most leasehold legal disputes in England and Wales go to a tribunal rather than a court. A tribunal is less formal and usually cheaper than going to court. It’s more specialised, and can deal with certain types of leasehold issues such as challenging a service charge or extending your lease.
As a leaseholder you might use the County Court to:
- claim money
- enforce your rights
- force your landlord to comply with the terms of your lease
- avoid forfeiture (being forced to leave your leasehold property)
- seek a decision about an issue with your lease
Sometimes going to court is the only way to resolve a serious problem. But it should be a last resort as it can be:
- expensive – as well as paying for legal advice, there are fees for starting the case, hearings, mid-case legal applications, enforcing a judgment and appeals, and you might have to pay some of the other side’s costs if you lose
- complex – the process of starting a claim, managing your case, following directions from the court and attending a hearing is complex and time-consuming
- slow – court backlogs mean it will probably take months for the court to find time to hear your case (the average wait time for small claims is around one year)
Find out what steps you should take first to try to resolve a leasehold dispute before going to court:
Using a solicitor or representing yourself
Many people use a solicitor to prepare their case and represent them because the legal system is complex. A solicitor can advise on whether court is the best option, whether you’re likely to be successful and how to prepare a case. They will have experience of negotiation and speaking in court, and knowledge of the subject in dispute.
If your court case is complex they might recommend that you also instruct a barrister to speak for you at the court hearing.
However solicitor and barrister fees can be expensive. If your case is classed as a small claim (under £10,000, or £1,000 for disrepair cases) then you cannot recover the fees from the other side even if you win.
You can manage the case yourself and represent yourself in court (called being a litigant in person), but you must follow all court rules, meet strict deadlines and organise your own paperwork and evidence. The judge will not give you legal advice.
Find out more about:
- using a solicitor, including options for free or low-cost legal advice
- representing yourself in court or at a tribunal
Things to consider before going to court
Before deciding whether to go to court, you should consider:
- your chances of success: is going to court worthwhile? This will depend on how important the issue is, the strength of your case and whether you can get the evidence you’ll need to win
- costs: consider how much it will cost to bring your case, how much you might get back if you win, and how much you might need to pay to the other side if you lose. Check your lease to see if your landlord can recover their costs through service charges or administration charges
- getting legal advice: if you can, consult a solicitor to discuss if going to court is the best option for your issue
- different ways to resolve the dispute: mediation and other forms of alternative dispute resolution can be effective and less expensive. You will usually be expected to prove that you have taken steps to try to resolve the dispute before a court will accept your application
- Last updated:
- 21 September 2026
- Next review:
- 21 September 2028
Related content
How solicitors can help with leasehold issues, finding one and free or low-cost legal advice
Advice guideHow to resolve a leasehold dispute at a tribunal, including types of case, costs and the process
Advice guideWays of resolving a dispute without taking legal action, including mediation
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