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Types of application to the First-tier Tribunal (Property Chamber)

Limiting administration charges: landlord’s costs

These rights are set out in Section 131 of the Housing and Planning Act 2016.

Leases often include a clause which says you must pay any legal or professional costs your landlord has in connection with recovering or trying to recover service charge arrears or in connection with you breaking a condition of the lease.

Another common condition in a lease is one that states you must pay your landlord’s costs relating to a notice under section 146 of the Law of Property Act 1925. This may mean that your landlord can claim back from you any professional fees (for example, solicitors’ costs) they face because of tribunal proceedings relating to you not paying your service charges or breaking any other condition of your lease.

Your landlord will claim these legal and other professional costs from you as an administration charge. You must pay the administration charge if it is reasonable.

Under section 131 of the Housing and Planning Act 2016, you can apply to the tribunal for an order reducing or cancelling an administration charge for your landlord’s costs relating to tribunal proceedings. (These are known as litigation costs.)

The tribunal will consider all the evidence you and your landlord provide before making whatever order they consider fair.

You cannot make an application under section 131 for proceedings which started before 6 April 2016.

Application form – Application for an order under paragraph 5A to schedule 11 of the Commonhold and Leasehold Reform Act 2002

Last updated:
11 May 2025
Next review:
18 December 2026