If you are a tenant or renter in England facing a tribunal dispute, understanding costs orders can help you decide whether to ask for payment of fees or compensation after a hearing. This page explains when a First-tier Tribunal (Property Chamber) may order one party to pay another’s costs, the key legislation that applies, and the practical steps a tenant can take to apply. It also lists the official forms you may need, how to present evidence clearly, and what to expect at a hearing. Plain-language examples and official links are included so you can follow each step with confidence and meet tribunal deadlines.
What is a costs order?
A costs order is a direction from the tribunal that one party should pay some or all of the other party’s legal or other costs. The First-tier Tribunal (Property Chamber) manages most residential property disputes in England and can consider costs where the rules or statute allow it.[1] The tribunal applies statutory rules and its own procedure in deciding whether costs are fair and proportionate under the circumstances, including looking at the behaviour of parties and the reasonableness of their claims or defences.[2]
When the tribunal may consider ordering costs
- After a hearing where the tribunal decides the case on the merits, the panel may decide whether costs are appropriate.
- If the dispute involves rent arrears or other monetary claims, the tribunal can include associated payment issues when making orders.
- If a party repeatedly fails to file required documents or misses procedural deadlines, the tribunal can take that into account for costs.
- If a party has acted unreasonably, vexatiously or abusively, the tribunal may award costs against them.
How to ask for a costs order
Tenants seeking a costs order should clearly request costs when they make or respond to an application and explain the legal basis for the request. Always set out the amount you seek, why the costs were necessary and include receipts, invoices or correspondence as proof. Use the official application process to ensure the tribunal accepts your request and follows the correct procedure.[3]
- Application form: complete the First-tier Tribunal (Property Chamber) residential application and state you are seeking a costs order, with a short practical example such as a tenant seeking payment for professional cleaning after an unlawful eviction attempt.
- Evidence bundle: include invoices, receipts, photographs and a timeline of events showing why costs were incurred.
- Deadlines: submit requests and supporting documents within the tribunal’s stated time limits and any directions given.
What the tribunal will look for
The tribunal will consider whether the costs claimed are reasonable, proportionate and directly related to the issue decided. It will look at whether the party seeking costs tried to resolve the matter before applying, whether the sums claimed are supported by documents, and whether imposing costs would be fair in all the circumstances.
FAQ
- Who can apply for a costs order?
- A tenant, landlord or other party to the tribunal case can ask for a costs order where the tribunal has jurisdiction to award costs in that type of dispute.
- Do I need a lawyer to apply for costs?
- No, you can apply yourself using the tribunal forms, but legal advice can help if the claim is complex or high value.
- Can the tribunal order costs for simple expenses like cleaning or locksmiths?
- Yes, if you can show the expense was necessary, reasonable and directly caused by the dispute or the other party’s actions.
How-To
- Complete the tribunal application form and state clearly that you are requesting a costs order, giving the reason and amount you seek.
- Assemble evidence: invoices, receipts, photos, messages and a clear timeline showing why the costs were incurred.
- Submit the application and evidence to the First-tier Tribunal (Property Chamber) by the deadline and attend the hearing to present your case.
- If the tribunal grants costs, follow the written directions for payment or any further steps for enforcement.
Help and Support / Resources
- First-tier Tribunal (Property Chamber) - GOV.UK
- GOV.UK - Private renting guidance
- Housing Act 1988 - legislation.gov.uk
