Service Charge Disputes – County Court or Tribunal?

Service charge disputes are one of the main disputes that can occur between landlords and tenants. The best way to resolve a dispute is to try and reach a resolution through communications and, if possible, a meeting to work through the issues. However, some disputes just can’t be resolved with parties becoming entrenched in their position. The decision is then County Court or Tribunal?

Usually the County Court would be the preferred route (for claims under £10k) as the process is clear, there are deadlines and procedures to be followed. However, if a leaseholder disputes the ‘reasonableness’ of the service charges the case will most likely be transferred to the First Tier Tribunal (FTT).

The FTT is usually made up of a lawyer, surveyor/valuer and a lay person. The recovery of costs is more fluid and it can take longer than the County Court although delays with the Courts at the time of writing are perhaps the worst they have been.

We strongly encourage both freeholders and leaseholders to keep good records, to communicate early and to look to resolve issues early as if you end up in court or at a tribunal it will always time consuming and costly ultimately utilising mediation where possible to bring about an early resolution.

Contact us

If you need support when resolving a dispute, contact Louise Mackay with our Dispute Resolution team, via e. LouiseMackay@rixandkay.co.uk or t. 01273 766 923