Understanding Inheritance Law in the UK: A Comprehensive Overview
October 18, 2024
In this blog, steps to be taken during property disputes are discussed. In most cases, property disputes turn out to be emotionally charged, time and money-consuming. The property dispute could be due to various reasons. Some common disputes are ownership disputes, rental agreements, and conflicts with neighbors over the boundaries. A systematic approach is needed to resolve the issue and safeguard your interest.
- Identify the nature of the dispute
The first step is to identify the nature of the dispute and each type of dispute requires a separate approach.
Boundary conflict: it’s between the neighbors on the property lines.
Landlord dispute: The dispute on the rent and lease agreement.
Ownership: The ownership dispute is between the co-owners who hold the entitlement of ownership.
- Review Relevant Documents
The next step after the identification nature of the dispute is to review the relevant documents. The documents could assist in clarifying the disputes and prevent escalation from increasing.
- Ombudsman
The Ombudsman are independent public official in the UK. Ombudsmen are responsible for resolving issues between the parties. The housing ombudsman is responsible for resolving issues related to housing problems. The Ombudsman is the last step before taking the dispute to the tribunal. In most cases, the decisions made by the ombudsman are not legally binding but, in some cases, if the party does not act according to the recommendations, the ombudsman may file a report to the parliament to increase the public and political pressure.
- First Tier Tribunal
If the dispute persists then the dispute could be taken to the First-Tier Tribunal. The FTT (property chamber) is a UK judicial body that is founded under the tribunal court according to the Enforcement Act of 2007.
The FIT has a simple structure it’s divided into several chambers, and each chamber is responsible for specific regulations. Through the division of chambers, the cases are handled by specialists which improves the effectiveness of the judicial system of the UK.
Types of Conflict Handled by the Property Chamber
Leasehold conflicts
These are common in the UK and mostly occur due to disputes over the service charges, extension of the lease agreement, and lease interpretation.
Rent Disputes
The tenants could not be able to pay rent over time.
Maintenance services
The dispute occurred when the owner of the property failed to provide maintenance services on time which were explicitly mentioned in the rent agreement to be provided.
Accessibility
The tribunals are designed such that they are easily accessible to the general public, people could easily bring their cases without hiring a solicitor. The tribunals are cost-effective the fees of filing cases in tribunals are less as compared to courts.
Resolution Mechanism
The tribunal encourages both parties to resolve their issues through mediation and negotiation. The tribunal encourages both parties to meet a mutually acceptable solution.
Appeal
If one party is not satisfied with the decision it could bring the appeal to the upper tribunal (Lands Chamber). As tribunals are judicial bodies both parties must act according to the decision.
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Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.