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.
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.
Ask for protection from the landlord’s legal costs
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.
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- Property Chamber Rules 2013, rule 13 · checked 5 September 2026 (opens in a new tab)
- Landlord and Tenant Act 1985, section 20C · checked 5 September 2026 (opens in a new tab)
- Commonhold and Leasehold Reform Act 2002, Schedule 11 paragraph 5A · checked 5 September 2026 (opens in a new tab)
- Willow Court Management Co (1985) Ltd v Alexander [2016] UKUT 290 (LC) · checked 6 September 2026 (opens in a new tab)
- FTT decision applying Willow Court paragraphs 40–43 (paragraphs 40–41) · checked 5 September 2026 (opens in a new tab)
- Leasehold protections: implementation from 2027 · checked 5 September 2026 (opens in a new tab)