Residential property tribunals

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

Some decisions made by the council can be appealed by applying to the residential property tribunal.

You can get more information about this from the Residential Property Tribunal Service or by contacting your local advice centre. Use our directory to find one.

What disputes can residential property tribunals resolve?

Residential property tribunals may be able to help if the council makes a decision about your home that you are not happy about. They can deal with disputes about a range of issues:

  • If you are refused the right to buy your council home because your home is particularly suitable for elderly people (but not for any other reason).
  • If the council makes an improvement notice ordering someone to deal with hazards in their home and they want to appeal.
  • If the council is applying for an empty dwelling management order or you want to appeal against one.
  • Appeals against prohibition notices.
  • Appeals against emergency remedial notices and emergency prohibition orders.
  • Appeals and applications for demolition orders and closing orders.

How do I apply?

Application forms and information about how to apply are available from the Residential Property Tribunal Service. You will need to send written evidence before the hearing. You cannot take any new written evidence to the hearing itself. It is a good idea to get advice on this, as some issues can be very complicated.

What happens at the hearing?

Hearings are meant to be as informal as possible but you may feel more comfortable if you have advice and representation from a specialist housing adviser or solicitor. The hearing will be open to the public.

In some cases, the residential property tribunal may want to inspect your home. They can only do this you agree to it. The landlord is normally allowed to be present at the inspection but you can refuse permission for her/him to be there if you want to. The inspection may be scheduled for the same day as the hearing.

Once the residential property tribunal has all the necessary information, it will make its decision, usually within a few days of the hearing or inspection. The residential property tribunal decision is binding on both you and your landlord.

What if I don’t agree with the decision?

If you are unhappy with a residential property tribunal decision, you should get advice from a specialist adviser or solicitor as soon as possible. There may be ways to challenge the decision but you will need help, as the procedures are very complicated. Appeals must be made within 14 days of the date you were informed of the decision, so don't delay.

Use our directory to find an adviser, or use the Legal Adviser Finder to find a legal aid solicitor.

Back to top

Need more help? Get advice by email. Take our advice survey

Back to top