Applying to the First-tier Tribunal (Property Chamber)
Presenting your case
You will need to prepare a proper case for any application to the tribunal. The tribunal has to consider the argument and evidence from both sides, so it is essential to present your case properly.
The tribunal will consider all the evidence they are given. If there is a hearing, members of the tribunal panel may ask questions, but their role is to make a decision on the evidence they have been given, not to find the evidence for themselves.
You can ask the tribunal to instruct your landlord to provide information that is relevant to the issue your application relates to, and they may issue a summons requiring any person to attend the hearing as a witness.
Legal representation
Proceedings at the tribunal are fairly informal. You do not have to be represented by a barrister, solicitor, or valuer. You can appoint a representative (whether legally qualified or not) if you give written notice of the appointment (that is, the representative’s name and address) to the tribunal and your landlord. You can have another person with you at the hearing to act as a representative or help you prepare your case. You do not have to give the tribunal this person’s details, but you will need the tribunal’s permission before they can help you. (The information in this paragraph also applies to your landlord.)
If you appear before a tribunal, you may want to get professional advice, and it is sensible to arrange legal representation if the argument relates to interpreting the law or the conditions of your lease.
It is not unusual for landlords to be represented by a legal team, particularly if they are a property company or a public-sector landlord such as a local housing authority or registered provider (housing association).
In these circumstances, whether you are applying to the tribunal or responding to an application your landlord has made, you should consider the risk that you may have to pay some or all of your landlord’s professional fees, either under an order made by the tribunal or under the conditions of your lease. You will not always have to do this, but it is something you should consider when deciding whether to apply to the tribunal rather than use other methods of settling the dispute, such as alternative dispute resolution.
Further, the First-tier Tribunal (Property Chamber) offers a mediation service which may be explored to avoid matters going to a full hearing or a paper hearing.
There is also a conciliation function offered in Southern Tribunal, where a Tribunal Judge may review and advise on the merit of a case quickly to ascertain whether it is worth progressing a matter to full hearing or a paper decision. The process may be rolled out nationally.
The advantage of having a representative is that they should be able to help you see the matter from a position of experience and expertise, and to guide you on the approach to be adopted to the other party particularly if they are also legally represented.
The drawback is the cost of a legal representative, which could well be more than the amount the dispute relates to, although you may be able to get low-cost or free legal help and representation (for example from Advocate).
If you do not have a legal representative you will be responsible for presenting your own case, including arguments and evidence. Do your best to present the evidence clearly and concisely and limit it to the matter (or matters) being disputed.
- Last updated:
- 11 May 2025
- Next review:
- 18 December 2026