Taking your freeholder to the First-tier Tribunal: what it costs and what it can decide

In England, leasehold disputes with a freeholder usually go to the First-tier Tribunal (Property Chamber), not to the Welsh, Scottish or Northern Irish systems. The key points are what the tribunal can decide, what the current fees are, and when a separate notice is needed before you apply.

What is the First-tier Tribunal (Property Chamber), and what can it decide?

The First-tier Tribunal (Property Chamber) is the England tribunal that decides residential property disputes including leasehold property, service charges, management and some landlord-and-tenant applications. The tribunal itself is created by statute: “There is to be a tribunal, known as the First-tier Tribunal, for the purpose of exercising the functions conferred on it under or by virtue of this Act or any other Act.” Leasehold work is allocated to the Property Chamber, and GOV.UK says you can apply if you are a “landlord, tenant, freeholder, leaseholder, park home occupier or site owner.” For a First-tier Tribunal leasehold case, that means the tribunal can make determinations where an Act gives it power, rather than acting as a general complaints body. Wales uses the Residential Property Tribunal Wales, which says it resolves “private rented and leasehold property” disputes; Scotland uses its Housing and Property Chamber for its own jurisdictions; Northern Ireland does not use the English Property Chamber route.

Can the tribunal decide a service charge dispute with your freeholder?

Yes: in England, the First-tier Tribunal can decide whether a leasehold service charge is payable, who must pay it, how much is payable, when it is payable and how it is to be paid. Section 27A of the Landlord and Tenant Act 1985 says: “An application may be made to the appropriate tribunal for a determination whether a service charge is payable and, if it is, as to—”. For a dwelling in England, the “appropriate tribunal” is “the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.” That makes a First-tier Tribunal service charge dispute a decision-making process, not an advisory opinion, and a leaseholder can take a freeholder to the tribunal if they think the service charge is unreasonable. Paying the bill first does not automatically stop the challenge, because section 27A also says: “Subsection (1) applies whether or not any payment has been made.” In Wales the equivalent statutory forum is a leasehold valuation tribunal, not the English FTT.

How do you apply to the First-tier Tribunal?

You apply to the First-tier Tribunal by sending or delivering a notice of application to the tribunal, and for a leasehold service-charge dispute under section 27A the usual HMCTS form is Leasehold 3. The Property Chamber rules say: “An applicant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of application.” For a service charge application to the First-tier Tribunal (Property Chamber), GOV.UK says the practical step is to “Email the form to the regional office that covers your area.” HMCTS describes Leasehold 3 as the form tenants or landlords use “to ask for a decision to resolve a disagreement on whether a service charge is payable, and how much should be paid.” You should attach the lease, the service charge demands, accounts, correspondence and any schedule showing which items you dispute, because the tribunal decides on the evidence placed before it. Abodient can hold the lease, service charge demands and correspondence against the property, so that evidence pack is already assembled rather than reconstructed from email threads when a dispute reaches the tribunal.

How much does it cost to bring a case to the First-tier Tribunal?

A service charge dispute in England using form Leasehold 3 under section 27A costs £114 to apply and £227 for a hearing, because the July 2026 fee rise to £200 and £300 did not include service-charge item 2.1. The Leasehold 3 form states: “The application fee is £114”, and HMCTS guidance for service charges says: “If there is to be a hearing, a fee of £227 will become payable when you receive notice of the hearing date.” The Ministry of Justice July 2026 news item says most case types attract either “£200 for an application and £300 for a hearing” or “£114 for an application and £227 for a hearing,” but the statutory instrument controls the actual change. SI 2026/642 came into force on 6 July 2026 and says it raises fees only for listed items: “items 2.2, 2.4, 2.6, 3.3, 3.5, 3.8, 3.10, 3.12, 5.1, 5.4, 5.5, 5.8, and 6.3.” Wales is different: one Welsh leasehold tribunal hearing fee is £150.

Do you need a solicitor for the First-tier Tribunal?

No, you do not need a solicitor for the First-tier Tribunal, because the Property Chamber rules allow a party to use a representative “whether legally qualified or not.” That means a leaseholder can appear in person, use a lay representative, or instruct a solicitor or barrister if the value, complexity or risk justifies it. GOV.UK gives the same practical message in rent-determination cases: “You do not need a representative to apply.” In leasehold disputes, the harder question is not whether representation is legally required, but whether the freeholder will arrive with managing-agent evidence, a surveyor, counsel or a solicitor. LEASE warns that “It is not unusual for landlords to be represented by a legal team,” and also notes that legal costs “could well be more than the amount the dispute relates to.” A focused schedule of disputed items, lease clauses and invoices is often more useful than broad allegations of poor management.

Can the tribunal make the other side pay your costs?

The First-tier Tribunal usually does not make the loser pay the winner’s legal costs, but it can order costs in limited cases such as unreasonable conduct and can order reimbursement of tribunal fees. Rule 13 says: “Subject to paragraph (1ZA), the Tribunal may make an order in respect of costs only—”, and one listed ground is “if a person has acted unreasonably in bringing, defending or conducting proceedings.” That is a narrow exception, not the ordinary county-court loser-pays rule. HMCTS puts the normal position bluntly: “You usually must pay your own expenses and legal costs.” The tribunal also has a separate fee-reimbursement power: “The Tribunal may make an order requiring a party to reimburse to any other party the whole or part of the amount of any fee paid by the other party which has not been remitted by the Lord Chancellor.” Costs risk can still matter, especially if the lease allows the freeholder to recover its costs through the service charge.

Are First-tier Tribunal decisions legally binding?

First-tier Tribunal decisions are binding between the parties in the case, but they do not create binding precedent that another tribunal must follow. HMRC’s tribunal guidance states the precedent point clearly: “Their decisions do not create legally binding precedents but they may be referred to in correspondence from taxpayers or their advisers.” The enforcement point is different: an FTT or Upper Tribunal decision under specified leasehold enactments is “enforceable with the permission of a county court in the same way as orders of such a court.” The Court of Appeal has also explained that the Property Chamber “does not itself have enforcement powers,” but that its decisions can be enforced through court mechanisms. So a First-tier Tribunal decision is not just advice to the freeholder, and it is not optional; if the freeholder ignores it, the winning party may need county-court permission or the relevant court enforcement route.

Can you apply to have a manager appointed over the freeholder?

Yes, in England a flat tenant can apply to the First-tier Tribunal for an order appointing a manager over the building where the Landlord and Tenant Act 1987 conditions are met. Section 21 says: “The tenant of a flat contained in any premises to which this Part applies may, subject to the following provisions of this Part, apply to the appropriate tribunal for an order under section 24 appointing a manager to act in relation to those premises.” For premises in England, the appropriate tribunal is “the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.” This is often called an application for appointment of a manager, an appointing-manager application, or a court appointed managing agent, although the order is made by the tribunal rather than by an ordinary county court claim. LEASE summarises the practical use: “If your landlord (freeholder) or right to manage (RTM) company is not managing your building properly, you could ask a tribunal to appoint a new manager.”

Do you have to serve a preliminary notice before applying for a manager?

Yes, a leaseholder normally has to serve a section 22 preliminary notice before applying for a manager, unless the tribunal dispenses with service because it is not reasonably practicable. Section 22 of the Landlord and Tenant Act 1987 says: “Before an application for an order under section 24 is made in respect of any premises to which this Part applies by a tenant of a flat contained in those premises, a notice under this section must (subject to subsection (3)) be served by the tenant on—”. The dispensation exception is important: the tribunal may “dispense with the requirement to serve a notice under this section” where it is satisfied that service would not be reasonably practicable. HMCTS Leasehold 2 reflects that by saying the form “allows you to ask for a dispensation of the requirement to serve a notice under section 22 of the 1987 Act.” No fixed statutory number of days is set for the remedy period, so the notice must be drafted around the breach and the circumstances.

Last reviewed September 2026.

Sources

• Tribunals, Courts and Enforcement Act 2007 s.3 — “There is to be a tribunal, known as the First-tier Tribunal, for the purpose of exercising the functions conferred on it under or by virtue of this Act or any other Act.” Source
• GOV.UK housing tribunals — “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.” Source
• Residential Property Tribunal Wales — “The Residential Property Tribunal Wales is an independent tribunal that has been set up to resolve disputes relating to private rented and leasehold property.” Source
• Landlord and Tenant Act 1985 s.27A — “An application may be made to the appropriate tribunal for a determination whether a service charge is payable and, if it is, as to—”. Source
• Landlord and Tenant Act 1985 s.38 — “(a) in relation to a dwelling in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and”. Source
• Landlord and Tenant Act 1985 s.27A — “Subsection (1) applies whether or not any payment has been made.” Source
• Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 26 — “An applicant must start proceedings before the Tribunal by sending or delivering to the Tribunal a notice of application.” Source
• GOV.UK apply to the tribunal — “Email the form to the regional office that covers your area.” Source
• GOV.UK Form Leasehold 3 — “Tenants or landlords can use this form to ask for a decision to resolve a disagreement on whether a service charge is payable, and how much should be paid.” Source
• HMCTS Leasehold 3 form — “The application fee is £114”. Source
• GOV.UK T541 service charges guidance — “If there is to be a hearing, a fee of £227 will become payable when you receive notice of the hearing date.” Source
• GOV.UK court and tribunal fees update, July 2026 — “Most case types will attract fees of £200 for an application and £300 for a hearing, or fees of £114 for an application and £227 for a hearing.” Source
• SI 2026/642 explanatory note — “It increases application fees from £114 to £200 and hearing fees from £227 to £300 in relation to applications in items 2.2, 2.4, 2.6, 3.3, 3.5, 3.8, 3.10, 3.12, 5.1, 5.4, 5.5, 5.8, and 6.3.” Source
• SI 2026/642 — “Subject to paragraph (3), this Order comes into force on 6th July 2026.” Source
• Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004, regulation 5 — “Subject to paragraph (2) and regulation 8, a fee of £150 shall be payable for a hearing.” Source
• Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 14 — “A party may appoint a representative (whether legally qualified or not) to represent that party in the proceedings.” Source
• GOV.UK open-market rent determination guidance — “You do not need a representative to apply.” Source
• LEASE presenting your case guidance — “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).” Source
• LEASE presenting your case guidance — “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).” Source
• Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 13 — “Subject to paragraph (1ZA), the Tribunal may make an order in respect of costs only—”. Source
• Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 13 — “(b)if a person has acted unreasonably in bringing, defending or conducting proceedings”. Source
• GOV.UK costs, fees and expenses guidance — “You usually must pay your own expenses and legal costs.” Source
• Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 13 — “The Tribunal may make an order requiring a party to reimburse to any other party the whole or part of the amount of any fee paid by the other party which has not been remitted by the Lord Chancellor.” Source
• HMRC Inheritance Tax Manual IHTM02085 — “Their decisions do not create legally binding precedents but they may be referred to in correspondence from taxpayers or their advisers.” Source
• Commonhold and Leasehold Reform Act 2002 s.176C — “Any decision of the First-tier Tribunal or Upper Tribunal under or in connection with an enactment specified in section 176A(2), other than a decision ordering the payment of a sum (as to which see section 27 (enforcement) of the Tribunals, Courts and Enforcement Act 2007), is to be enforceable with the permission of a county court in the same way as orders of such a court.” Source
• Avon Ground Rents Ltd v Child — “The First-tier Tribunal (Property Chamber) (“the FTT”) does not itself have enforcement powers, but its decisions can potentially be enforced through Court mechanisms, notably pursuant to section 176C of the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”) or section 27 of the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”).” Source
• Landlord and Tenant Act 1987 s.21 — “The tenant of a flat contained in any premises to which this Part applies may, subject to the following provisions of this Part, apply to the appropriate tribunal for an order under section 24 appointing a manager to act in relation to those premises.” Source
• Landlord and Tenant Act 1987 s.21 — “(a)in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and”. Source
• LEASE appointment of a manager guidance — “If your landlord (freeholder) or right to manage (RTM) company is not managing your building properly, you could ask a tribunal to appoint a new manager.” Source
• Landlord and Tenant Act 1987 s.22 — “Before an application for an order under section 24 is made in respect of any premises to which this Part applies by a tenant of a flat contained in those premises, a notice under this section must (subject to subsection (3)) be served by the tenant on—”. Source
• Landlord and Tenant Act 1987 s.22 — “The appropriate tribunal may (whether on the hearing of an application for an order under section 24 or not) by order dispense with the requirement to serve a notice under this section on a person in a case where it is satisfied that it would not be reasonably practicable to serve such a notice on the person, but the tribunal may, when doing so, direct that such other notices are served, or such other steps are taken, as it thinks fit.” Source
• HMCTS Leasehold 2 form — “This form also allows you to ask for a dispensation of the requirement to serve a notice under section 22 of the 1987 Act.” Source