Getting a Costs Order Against Your Landlord in England

Many tenants in England face costs when bringing disputes against a landlord, such as legal fees, application costs, or repayment claims. This guide explains when you can ask a court or the First-tier Tribunal (Property Chamber) for a costs order, what evidence helps, which official forms to use, and practical steps to follow. It uses plain language for renters and tenants, showing realistic examples — for instance, when you paid for an urgent repair because a landlord did not respond, or when you won a tribunal decision and want the landlord to cover costs. The information focuses on England procedures and points to the exact forms and tribunal pages you will need to apply.

When you can apply for a costs order

You can ask for a costs order when you bring a claim and either the court or tribunal rules that the other party should pay some or all of your costs. Tribunals and courts look at whether costs are reasonable and whether a party behaved unreasonably during the case. The main statutes relevant to residential tenancy disputes in England include the Housing Act 1988 and the Rent Act 1977 ^[4][5]. Where proceedings are before the First-tier Tribunal (Property Chamber), follow the tribunal’s guidance on costs and applications.^[1]

Who decides and what forms to use

The body that hears your case depends on the issue. Some tenancy disputes go to the First-tier Tribunal (Property Chamber) while others, including many contractual or possession claims, are dealt with in the county court. Use the tribunal or court guidance to check where to apply and which form to complete.^[1]

• Form N1 (Claim form) — start a county court claim for money or a repayment example: you paid a contractor for emergency heating repairs and now claim the cost back from the landlord; use N1 to begin that claim and set out the amount, reasons and supporting facts.^[2]
• Form N244 (Application notice) — during court proceedings use N244 to ask the judge to make an order (for example, request a costs order or permission to amend a claim); include the reasons and evidence in your application and a proposed order.^[3]
• First-tier Tribunal application (Property Chamber) — when using the tribunal, follow the online application process and upload supporting evidence as described on the tribunal page; the tribunal has its own application and directions process.^[1]

How the tribunal or court considers costs

Judges and tribunal members assess whether costs were reasonably incurred, whether a party behaved unreasonably, and whether awarding costs is proportionate. Even if you win, a tribunal may not award full costs; often costs cover specific fees or expenses rather than all legal fees. If the other side withdrew or behaved improperly, that can strengthen a costs application.

Evidence and preparing your claim

• Photographs and dated photos showing the disrepair or damage.
• Copies of written requests, emails and messages asking the landlord to repair or respond.
• Receipts, invoices or bank records proving payments you made for emergency repairs or other costs you seek to recover.
• Your tenancy agreement, served notices and any formal responses from the landlord.

FAQ

Can I recover the legal costs I paid if I win?

A successful outcome may allow you to recover some costs, but tribunals and courts often limit awards to reasonable expenses or specific fees; full legal costs are not guaranteed.

How long do I have to apply for a costs order?

Deadlines depend on whether you are applying in the tribunal or the county court and on the type of claim; follow the timetable in your case directions and seek advice promptly if a deadline is approaching.

Do I need a lawyer to apply for costs?

You can represent yourself, but a solicitor or adviser can help prepare evidence, complete forms and set out a convincing costs schedule when necessary.

How-To

1. Check jurisdiction: confirm whether your dispute belongs in the First-tier Tribunal (Property Chamber) or the county court.
2. Gather evidence: collect photos, receipts, messages and the tenancy agreement to support your claim.
3. Complete the correct form: use Form N1 to start a county court claim or follow the tribunal’s online application if going to the Property Chamber.^[2]
4. If proceedings have started, file an N244 application or use the tribunal’s directions to ask for a costs order and explain why costs are reasonable.^[3]
5. Attend the hearing: present your evidence clearly and request a costs order at the hearing or in your written closing submissions.

Key Takeaways

• Document everything: timelines, receipts and communications support any costs claim.
• Costs are discretionary: awards depend on conduct, reasonableness and the outcome.
• Act quickly: follow deadlines for applications in tribunal or court proceedings.

Help and Support / Resources

• First-tier Tribunal (Property Chamber) - GOV.UK
• Make a county court claim for money - GOV.UK
• Find a court or tribunal - GOV.UK

1. [1] First-tier Tribunal (Property Chamber) - GOV.UK
2. [2] Form N1 (Claim form) - GOV.UK
3. [3] Form N244 (Application notice) - GOV.UK
4. [4] Housing Act 1988 - legislation.gov.uk
5. [5] Rent Act 1977 - legislation.gov.uk