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Applying to the First-tier Tribunal (Property Chamber)

Ending cases without a decision

In this guide

Striking out an application

The tribunal has the power to strike out (dismiss) all or part of an application in certain circumstances.

The tribunal must strike out your application if they have no power in relation to the proceedings, or if they warned you, they would strike out the application if you failed to keep to a direction by a certain date and you have not met the direction by the date stated.

The tribunal may choose to strike out your application in the following circumstances.

  • You have not acted in line with a direction and the tribunal warned you they may strike out the application if you did not meet the direction.
  • You have not co-operated with the tribunal, and this means the tribunal cannot deal with proceedings fairly.
  • The proceedings are between the same people and arise out of similar, or the same, facts as those contained in proceedings the tribunal have already decided.
  • The tribunal considers the proceedings, or the way in which they are being carried out, to be petty or spiteful or otherwise an abuse of the tribunal process.
  • The tribunal considers that your application has no reasonable chance of succeeding.

The tribunal must give you the opportunity to appeal before striking out your application (unless they are striking out the application because you have not kept to a direction they have made).

If the tribunal strikes out your application, you can apply to them in writing to have the matter reinstated. The tribunal must receive your application to reinstate your application within 28 days after they tell you they are striking it out.

The rules on striking out an application apply equally to both you (the applicant) and the person you are making a claim against in your application (the respondent), except that the tribunal’s decision to strike out the application will state that the respondent has been ‘barred from taking further part in the proceedings’ or part of them.

Withdrawing from the proceedings

You can give the tribunal notice that you want to withdraw from the proceedings, but this will not take effect unless the tribunal agrees to this. If they do agree, the tribunal may make any directions or set any conditions that they consider appropriate, and you must meet these in order to withdraw.

You can give notice of withdrawal at a hearing, or you can send or deliver it to the tribunal.

You must sign and date the notice, and include the contents as set out in the rules.

Once you have withdrawn from the proceedings, you can apply to reinstate your application. If you want to do this, the tribunal must receive your application within 28 days after either:

  • the date of the hearing at which you gave the tribunal your notice of withdrawal
  • the date on which the tribunal received your notice of withdrawal

The tribunal must tell everyone involved (in writing) that you have withdrawn from the proceedings and that they can apply for the case to be reinstated, if they do this within 28 days of receiving the tribunal’s notification.

Last updated:
11 May 2025
Next review:
18 December 2026