What Happens If a Dispute Goes to Tribunal? A Leaseholder’s Guide

Most disputes within blocks of flats can be resolved through discussion, complaints procedures or mediation. But sometimes, a tribunal may be considered. The aim of the tribunal is reassurance. They are structured and focused on evidence and reasonableness, not confrontation.

Here we will explain what a tribunal is, when it may be appropriate and what leaseholders can expect at each stage.

What Is the Tribunal?

Most residential leasehold disputes in England are handled by the First-tier Tribunal (Property Chamber). It is independent of landlords, managing agents and local authorities.

The tribunal resolves disputes by reviewing evidence and applying the law and the lease. The aim is not to punish, but to look at what is reasonable and fair, based on facts.

You do not need a solicitor and many leaseholders represent themselves.

When Might a Leaseholder Use a Tribunal?

Typical issues that end up in tribunal include service charge disputes, where a leaseholder questions whether costs are reasonable or payable under the lease. It may also be used where the standard of management is disputed, such as cleaning, repairs or compliance failures. Disagreements over major works, consultation processes and apportionment of costs are also common.

Regardless of the issue, tribunal is best used when other routes have failed or are clearly unsuitable. Before applying, it is sensible to try internal complaints procedures and open dialogue. Mediation may also help. A tribunal is most appropriate when the disagreement is about evidence, cost or legal interpretation rather than misunderstanding.

Preparing Your Case: The Most Important Stage

Preparation matters more than performance. The tribunal focuses on documents and facts, not emotion, so start by gathering evidence. This includes the lease, service charge demands, invoices, accounts, consultation notices, emails and letters. Photos can help, especially for repair or condition issues.

Keep everything organised and create a clear timeline. Note what happened, when it happened and how the issue developed. This helps the tribunal understand the sequence of events.

Focus on reasonableness. Ask yourself what you are asking the tribunal to decide. Be specific. For example, are you saying a cost is unreasonable, that work was not required, or that a charge is not allowed by the lease?

Keep language calm, factual and avoid assumptions about motives. Tribunals respond best to clear, well-ordered information.

Making an Application

Applications are made using a standard form. There is a modest fee, which varies depending on the type of case and whether a hearing is required.

You must explain the dispute and include supporting documents. The tribunal will then notify the other party – usually the freeholder or managing agent, and they will have the chance to respond.

At this stage, the tribunal may give directions. These are instructions about which documents must be exchanged and by when. It may also suggest that parties consider settlement. Many cases settle before the hearing as once both parties see the evidence; agreement often becomes easier.

If the case continues, both parties will exchange bundles of documents. The tribunal panel will review these in advance and there may be a case management discussion. This is usually short and focused on practical matters. It is not a judgment; this can only be made at a hearing.

What a Hearing Day Looks Like

Hearings are far less formal than court. They are usually held in a meeting room, not a courtroom. You can expect the atmosphere to feel structured but calm. Interruptions are discouraged and respectful discussion is expected.

The panel normally includes a legally qualified chair and one or two members with property or valuation expertise. You will be there, along with the freeholder or managing agent. Some parties bring representatives, but this is not required.

You will be asked to explain your case. The other side will do the same. Panel members will ask questions to clarify facts – remember, they are neutral and focused on understanding the issue.

You do not need to use legal language. Simply speak clearly and stick to your evidence (it is acceptable to refer to your notes).

Possible Outcomes and Costs

The tribunal may give a decision on the day, or it may issue a written decision later. The decision will explain the reasoning.

Outcomes vary. The tribunal may decide that a service charge is payable, partly payable or not payable. It may reduce costs, confirm responsibility, or give guidance on future management.

Costs are limited. Each side usually pays their own costs, even if they lose. In some cases, the tribunal can award limited costs for unreasonable behaviour, but this is not common.

After the ruling, the decision is binding. If it is not followed, enforcement options are available. Appeals are possible, but only on points of law.

Why Records and Calm Preparation Matter

Tribunals are not about who argues best. They are about documents, timelines and reasonableness. Leaseholders who prepare carefully often feel more confident and less anxious – and even if the outcome is not fully in their favour, many find the process clarifying.

Good records also reduce the chance of disputes reaching this stage at all. Clear communication and documented decisions help everyone understand what has been done and why.

Final Reassurance

Going to tribunal can feel daunting. But it is designed to be accessible. You do not need legal expertise, only clarity, organisation and patience.

For leaseholders, a tribunal is a structured way to resolve disputes when other routes fail. It is not about blame. It is about reaching a fair decision based on evidence. With calm preparation and good records, the process is far more manageable than many expect.