Solve a residential property dispute
Overview
You can apply to the First-Tier Tribunal (Property Chamber - Residential Property) if you’re a landlord, tenant, freeholder, leaseholder, park home occupier or site owner. The cases you can apply for include:
- rent increases for ‘fair’ or ‘market’ rates
- leasehold disputes, for example variable service charges, recognising a tenants’ association, management disputes
- leasehold enfranchisement, for example buying the freehold for a group of flats, extending a lease
- disputes about park homes, for example breach of agreement, changing the pitch fee
- financial penalties issued by local authorities
- rent repayment orders
- improvement notices and prohibition orders where your notice is under the Housing Act 2004
- disputes about licences for houses in multiple occupation
- the right to buy your council home being refused because it’s deemed suitable for elderly people
- banned tenant fees you paid to a landlord or letting agent, for example fees for a credit check
The tribunal is independent of government and will listen to both sides of the argument before making a decision.
There are different ways to apply in Wales, apply in Scotland and apply in Northern Ireland.
Resolve a dispute through an ombudsman
For some types of property dispute, you may be able to solve your problem using an ombudsman instead of going to the tribunal.
You cannot use an ombudsman if you’ve already applied to the tribunal.
Before using an ombudsman, you should complain directly to the organisation your dispute is with (for example, your landlord, letting agent or local authority).
Ombudsmen are free to use. Their decision may be legally binding for the organisation your dispute is against. If you’re unhappy with their decision, you may be able to use another dispute resolution process or take your case to the tribunal instead.
The ombudsmen that deal with residential property disputes include the:
- Housing Ombudsman Service which can help tenants or leaseholders in disputes with a social landlord
- Property Ombudsman and the Property Redress Scheme which can resolve disputes with property agents
- New Homes Ombudsman Service which can help with problems with new build homes
- Local Government and Social Care Ombudsman which investigates complaints about local councils and organisations providing local public services
Help you can get
You may want to get help and advice before you apply - contact Leasehold Advisory Service or Citizens Advice.
You can also get legal advice, including from a lawyer.