The First-tier Tribunal (FTT) is an independent body who review varying leasehold disputes and problems.
The FTT requires an application to be submitted which will be reviewed by the Tribunal members who may be surveyors with expertise in Valuations or solicitors, local government members or other “lay people”. There are usually two or three members appointed for each Tribunal. The chairman will be the member who writes up the findings of the tribunal and advices what the result of the tribunal is.
One the application to the FTT has been received, they will write to each party, advising the process, a copy of the completed application will be provided to any party who has not been involved in the application to the FTT.
To ensure that full facts are understood by the Tribunal members a hearing involving the parties will usually take place, unless the facts provided as evidence with the application to the FTT are evident to come to conclusion. These cases tend to be resolved much more quickly.
Many cases are resolved following the hearing; however, if the case appears complex a pre-trial review may be required.
The pre-trial review will decide whether certain sections of the dispute can be settled separately, and to determine where further evidence or information may be required for the hearing, to ensure when the case reaches the hearing all facts are prepared.
A pre-trial review is sometimes required to determine whether an application made is valid.
Most FTT’s are held in local buildings close to the property involved, for example, town or church halls. FTT’s are reasonably informal with each party able to speak at the hearing or have someone, i.e a solicitor speak for them.
The evidence for the application to the FTT will be requested by the members to review prior to the hearing. Often a site inspection of the property involved is required and arrangements will be made by the members to carry this out.
A decision is made soon after the hearing and usually within 6 weeks which is
binding upon the parties – although there are rights of to the Lands Tribunal.
“The areas that a FTT may get involved in include:
- To decide the price to be paid when a leaseholder wants to buy (enfranchise), extend or renew the lease of their home and the value cannot be agreed with the leaseholder;
- adjudicate in disputes about the right of first refusal procedure (which gives leaseholders the right of first refusal to buy the freehold when the landlord wishes to sell it) and the compulsory acquisition of the landlord’s interest in blocks of flats;
- decide liability for payment of service charges and can settle disputes about the landlord’s choice of insurer.
- decide applications on dispensation of service charge consultation requirements, administration charges, the right to manage, the appointment of managers, the variation of leases and estate charges.
Its vitally important that you read the information available from the Residential Property Tribunal Service or contact LEASE www.lease-advice.org (t) 020 7374 5380.
