Applying to the First-tier Tribunal (Property Chamber)
Witnesses and evidence
Directions
The tribunal may issue directions (instructions) to the people involved in the application relating to providing evidence and how the case will be handled.
Or, one or more of the people involved can apply for a direction either by writing to the tribunal or by asking during a hearing.
You must include your reasons when applying for a direction.
Unless everyone involved has given you permission to make the application, you should send a copy of the proposed application to every other person, and they will have the opportunity to object to the application.
The rules set out the procedure for objecting to the application and challenging any direction made by the tribunal.
Not keeping to a direction or the rules
If you (or anyone else involved) fail to keep to any directions or the rules, the tribunal may decide not to enforce the requirement, ask you (or the other person) to take action to meet the direction or rules, strike out (dismiss) the case, or bar or restrict you (or them) from taking part in the proceedings.
For failing to keep to certain tribunal directions, including by not giving evidence or providing a document, the tribunal may refer this to the Upper Tribunal (Lands Chamber) and ask them to act, which could involve finding the person concerned in contempt of court.
Witness summons
You can ask the tribunal to issue a summons for witnesses to attend a hearing.
The tribunal can also issue a witness summons without being asked to do so.
A summons should allow at least 14 days’ notice of the hearing, but the tribunal can shorten this time if necessary.
If the person called as a witness is not involved in the proceedings, the summons should say who has to pay for that person’s necessary expenses of attending the hearing.
Orders to answer questions or produce documents
The tribunal may order any person to answer any questions or produce any documents relevant to any issue in the proceedings (or you can apply to the tribunal to make this order).
The summons or order must state that the person receiving it can apply to the tribunal to vary or cancel the summons or order if they have not had the chance to object to it.
Anyone who does not keep to a summons or order might be treated as being in contempt of court.
Expert evidence
Valuers or experienced property managers will usually provide expert evidence to help the tribunal in cases which are technical in nature.
The rules state that experts have a duty to help the tribunal on matters that are within their expertise. This duty overrides any obligation an expert has to whoever instructs or pays them.
Neither side can introduce expert evidence without the tribunal’s permission.
Unless the tribunal says otherwise, expert evidence must be in the form of a written report provided to the tribunal and each other party at least seven days before the date of the hearing or the date when the issue will be decided without a hearing (if this applies).
The expert’s report must contain certain statements and information as set out in the rules, be addressed to the tribunal and signed by the expert.
The rules allow the tribunal to direct that the parties jointly instruct the expert.
Long leaseholders, landlords or, in certain circumstances, renting tenants can apply to the tribunal for a decision. You will have to pay an application fee and, if a hearing is held, a hearing fee. After that, each person involved normally pays their own costs. However, in some cases, your lease may allow your landlord to recover their costs through the service charges or directly from you.
Finally, the tribunal can award costs in certain circumstances.
- Last updated:
- 11 May 2025
- Next review:
- 18 December 2026