Stage 3: Manage the tribunal case

Understand tribunal fees and legal costs

At the First-tier Tribunal (FTT), you can ask for fees back, protection from the landlord’s legal costs, or costs for unreasonable conduct. Each request has a different purpose and test.

England · Sources reviewed 5 September 202612 minutes to read

Ask for your tribunal fees back

Rule 13 includes a power to order reimbursement of tribunal fees. Ask for the exact fee paid and retain the receipt. This is distinct from an unreasonable-conduct costs application.

Request costs for unreasonable conduct (Rule 13)

Apply the Willow Court sequence: identify the unreasonable conduct; explain why the tribunal should exercise discretion; then identify the terms and amount of the order. The threshold is high and the result is fact-specific.

Use a costs schedule to identify the work, time or expense, evidence and reasons for the amount requested. Showing additional work caused by misconduct can help explain the request. It is not a strict limit on the award: Willow Court, paragraphs 40–43, explains that once unreasonable conduct is established, the tribunal has discretion over the scope of costs. Explain why the order you seek is proportionate.

  • Specific act or omission
  • Date and supporting document
  • Why no reasonable explanation
  • Practical consequence
  • Extra work caused
  • Amount and evidence
  • Reasons for including or excluding ordinary preparation

Make the application in time

Rule 13(5) permits a costs application during proceedings and sets a deadline of 28 days after the tribunal sends the decision notice finally disposing of all issues, or notice of withdrawal. Send the application to the tribunal and the person against whom you seek the order, with a detailed costs schedule. Check the precise trigger and any directions promptly.

The three routes above cover the usual questions in this guide. Rule 13 also contains other powers, including wasted costs against legal representatives; obtain advice if those are relevant.

Check when reforms take effect

The government announced in July 2026 that new service-charge transparency and litigation-cost protections would come into force from 2027 as soon as possible. An announcement is not commencement. Check the law applying to your proceedings before relying on a new right.

Law and official guidance

6 sources