Transfer from the county court
Service charge and administration charge disputes
If the county court has a claim which involves a dispute about the amount of a service or administration charge or insurance it may transfer that issue to the First-tier Tribunal under paragraph 3 of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (as amended). The county court may wish to do that because of the expertise in the Tribunal in these cases, and / or because District Judges find these issues to be a pain! (See also PD 56, Schedule 2, para 15.1 - which still refers to the Leasehold Valuation Tribunal).
If the county court does order such a transfer it must clearly identify the question which it wishes the Tribunal to consider. It does not transfer the whole case. The Tribunal has no jurisdiction to deal with claims for interest, court fees or costs of the court proceedings. Those parts of the claim will have to be stayed pending the Tribunal’s determination.
The court order making the transfer might look something like this:
1. These proceedings are transferred to the First-tier Tribunal (Property Chamber) (Residential Property) to determine the amount of service charges charges payable by the Defendant to the Claimant for the period from xxxx to xxxxx.
2. Costs of the proceedings and costs incidental to the transfer are reserved.
3. The remainder of the claim is stayed pending the determination of the Tribunal on that issue.
4. Permission to either party to apply to lift the stay.