Keep the three costs routes separate
Fee reimbursement, protection from costs passed through the lease and Rule 13 conduct costs do different jobs.
Route one: tribunal fees
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.
Route two: section 20C and paragraph 5A
Section 20C concerns whether the landlord's litigation costs may be treated as service-charge expenditure. Paragraph 5A concerns an administration charge for litigation costs. Check the lease and ask for the protection that matches the route by which costs could be passed on.
Explain why the order is just and equitable, linked to the result and conduct of the proceedings.
Route three: Rule 13 unreasonable conduct
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 causation schedule. For every sum, identify the conduct, the additional task it caused, the time or expense and why that work would not otherwise have been needed. Normal preparation for the hearing is not automatically caused by the other party's default.
- Specific act or omission
- Date and supporting document
- Why no reasonable explanation
- Practical consequence
- Extra work caused
- Amount and evidence
- Work that would have happened anyway