Disputes about Leases

Resolving Leasehold Disputes with Clarity, Confidence, and Cost Control

Disputes are unfortunately an inevitable part of managing or owning leasehold property — from service charges and repairs to interpretation of lease terms and management standards. Resolving them efficiently and effectively protects both relationships and finances.

Since the expansion of the First-tier Tribunal (Property Chamber) (“the Tribunal”) as a specialist forum, more leaseholders and landlords are resolving issues without full-scale “court” litigation. This shift makes strategic preparation and expert representation essential to achieving proportionate, favourable outcomes.

At the Jonathan Lea Network, we help clients resolve leasehold disputes through negotiation, mediation, and, where necessary, Tribunal or court proceedings. Our experienced solicitors deliver clear, commercially informed advice designed to achieve practical results — protecting your position while controlling costs.

Leasehold Dispute Resolution

Leasehold disputes can arise from almost any aspect of property ownership or management, requiring both legal interpretation and detailed factual analysis.

Typical examples include:

• service charge and accounting disagreements
  
• breach of lease covenants (repairs, alterations, or user restrictions)
  
• building safety and defects liability disputes
  
• appointment of a manager or Right to Manage issues
  
• insurance or major works disputes under Section 20 of the Landlord and Tenant Act 1985
  
• challenges to administration charges or ground rent demands
  
• disputes between joint freeholders or directors of an RMC or RTM company
  

Our team advises on every stage of the process — from informal negotiation to full Tribunal hearing — ensuring your strategy aligns with your legal and commercial objectives.

The Role of the First-tier Tribunal (Property Chamber)

The Tribunal  is an independent judicial body that determines leasehold and building management disputes in England and, for certain matters, Wales. It offers a more accessible, cost-effective forum than traditional court proceedings, with an emphasis on fairness, transparency, and proportionality.

The Tribunal has jurisdiction to determine matters such as:

• Service charges whether charges are payable and reasonable (Landlord and Tenant Act 1985)
  
• Administration charges validity and reasonableness under Schedule 11, Commonhold and Leasehold Reform Act 2002
  
• Consultation compliance adherence to Section 20 requirements under the Landlord and Tenant Act 1985
  
• Appointment of a manager under Section 24, Landlord and Tenant Act 1987
  
• Variation of leases under Section 35, Landlord and Tenant Act 1987
  
• Building safety applications including remediation or contribution orders under the Building Safety Act 2022
  
• Breach determinations under the Commonhold and Leasehold Reform Act 2002
  

We ensure procedural requirements are met and arguments are framed to align with Tribunal expectations.

Early Strategy and Alternative Dispute Resolution (ADR)

The strongest Tribunal outcomes are built on sound early strategy. Before formal proceedings, we explore every opportunity for constructive resolution.

1. Early Legal Assessment: We review your lease, correspondence, and relevant legislation to assess the strength of your position. Our written opinions outline options, likely outcomes, and cost-benefit considerations — including the potential recovery of costs and likelihood of settlement.

2. Pre-Action Correspondence: A well-drafted letter before action can clarify misunderstandings, prompt settlement, or narrow the issues before Tribunal. It also helps demonstrate reasonableness, which can be relevant to the Tribunal’s view on awarding costs.

3. Mediation and Negotiation: Many leasehold disputes can be resolved through mediation or negotiation, whether in person, by telephone, or online. We guide clients through modern ADR methods, ensuring settlement terms are enforceable and aligned with their long-term objectives.

Preparing for Tribunal Proceedings

We guide clients through every procedural step to maximise efficiency. Although Tribunal proceedings are less formal than court litigation, effective preparation is critical.

We assist clients with:

• Drafting and filing applications or responses to the Tribunal
  
• Preparing witness statements, legal submissions, and indexed and paginated document bundles
  
• Liaising with surveyors, managing agents, or expert witnesses
  
• Representing clients at case management hearings and final hearings
  
• Advising on post-decision enforcement or appeals to the Upper Tribunal
  

Our approach focuses on presenting clear, concise, and legally grounded arguments, ensuring your case is heard and understood.

Common Tribunal Applications

The Tribunal handles a wide range of leasehold and building management disputes. Frequent applications include:

• Service charge disputes under Sections 18–19, Landlord and Tenant Act 1985
  
• Administration charge challenges under Schedule 11, Commonhold and Leasehold Reform Act 2002
  
• Appointment of a manager under Section 24, Landlord and Tenant Act 1987
  
• Lease variation applications under Section 35, Landlord and Tenant Act 1987
  
• Building safety claims  including remediation or contribution orders under Sections 123–124, Building Safety Act 2022
  
• Determination of breaches of covenant under Section 168, Commonhold and Leasehold Reform Act 2002
  

Understanding which forum, process, and cost implications apply is key to achieving a successful outcome.

For Landlords, Freeholders and Managing Agents

We support landlords and managing agents in enforcing lease terms, recovering arrears, and demonstrating compliance. Our services include:

• Preparing and serving Section 146 notices for alleged breaches of covenant under the Law of Property Act 1925
  
• Reviewing compliance with statutory consultation procedures
  
• Drafting and reviewing service charge and Section 20 documentation
  
• Defending unreasonable or unfounded leaseholder challenges
  
• Representing landlords in appointment of manager or RTM disputes
  
• Seeking or opposing Tribunal determinations of lease breaches
  

We also advise on cost recovery, ensuring that demands comply with Sections 47 and 48 of the Landlord and Tenant Act 1987 and other relevant legislation.

For Leaseholders and Resident Groups

Leaseholders and resident management companies (RMCs) frequently use the Tribunal to challenge unreasonable financial demands, substandard management practices, or misconstrued lease terms. We assist by:

• Reviewing demands, notices, and lease clauses to identify challengeable items
  
• Preparing and submitting applications to the Tribunal
  
• Contesting excessive service charges or defective consultations
  
• Applying for appointment of a manager or enforcement of landlord duties
  
• Coordinating group applications, allowing shared costs and consistent case strategy among affected residents
  

We also help clients enforce Tribunal decisions and recover costs where appropriate.

Post-Decision Strategy and Enforcement

A favourable Tribunal decision must be implemented correctly to deliver real value. We advise on:

• Implementing Tribunal orders, including updating management contracts or processes
• Recovery of awarded sums through County Court enforcement
• Appeals to the Upper Tribunal (Lands Chamber) where errors of law arise
• Negotiating compliance without escalation to further litigation
  

Our strategic post-decision support ensures that Tribunal outcomes are not only achieved but fully enforced without unnecessary delay.

Why Choose The Jonathan Lea Network?

• Specialist Leasehold Knowledge: Our solicitors have deep expertise in service charge, covenant, and building safety disputes.
  
• Proven Tribunal and Litigation Experience: We regularly represent both landlords and leaseholders across England and Wales.
  
• Strategic and Practical Approach: We focus on efficient, cost-controlled resolutions supported by thorough preparation.
  
• Transparent and Predictable Costs: Clear, staged pricing and fixed-fee options available for each stage of your matter.
  
• Responsive and Supportive Team: Based in Haywards Heath, with rapid response to urgent tenancy or building safety matters.
  

How We Can Help

Our solicitors can assist you with:

• Assessing and advising on leasehold disputes
  
• Preparing and submitting Tribunal applications
  
• Drafting legal submissions, evidence, and witness statements
  
• Representing you at hearings and mediations
  
• Advising on appeals, enforcement, or settlement negotiations
  

Timely legal advice can prevent escalation, strengthen your strategy, and help you secure proportionate, cost-effective results.

Contact Jonathan Lea Network today for a free initial consultation. 

If you’re involved in a leasehold dispute, facing a Tribunal or are bringing an application, or seeking proactive resolution advice, our experienced property team can help. Please call us on 01444 708 640 or email us at wewillhelp@jonathanlea.net 

Frequently Asked Questions

Learn More: How Lease Extensions Work and Why They Matter

For a clearer understanding of leaseholder rights and the practical steps involved, watch our video featuring Kent Reynolds, Senior Solicitor at Jonathan Lea Network.

Kent explains the lease extension process, common pitfalls, and how expert advice can protect your property’s long-term value. These same principles underpin our wider leasehold services, including enfranchisement, RTM, and deeds of variation.

Photo by Rich @ rhubbardstockfootage on Unsplash