The First-tier Tribunal (Property Chamber) Fees Order 2013

Made: 22nd May 2013

Laid before Parliament: 23rd May 2013

Coming into force: 1st July 2013

The Lord Chancellor has consulted the Senior President of Tribunals and the Administrative Justice and Tribunals Council in accordance with section 42(5) before making this Order and has obtained the consent of the Treasury in accordance with section 42(6).

Citation, commencement, extent, and application.

1

This Order may be cited as the First-tier Tribunal (Property Chamber) Fees Order 2013 and comes into force on 1st July 2013.

2

This Order extends to England and applies to proceedings in the Tribunal.

Definitions

3

In this Order—

• “the 2013 Rules” means the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013;

• “lead case” means a case which is directed to be a lead case under rule 23 (lead cases) of the 2013 Rules;

• “leasehold case” has the meaning given in rule 1(3) of the 2013 Rules;

• “related case” means a case which is directed to be a related case under that rule;

• “residential property case” has the meaning given in rule 1(3) of the 2013 Rules; and

• “Tribunal” means the Property Chamber of the First-tier Tribunal.

Fees payable

4

• (1) Proceedings where fees are payable in accordance with the provisions of this Order are listed in column 1 of Schedule 1 to this Order.

• (2) The fee due is set out in column 2 of that Schedule.

• (3) Any fee payable for an application under fees 1.1 to 1.6 is due at the same time as the application is made.

• (4) Any fee payable under fee 2 is due within 14 days of an applicant receiving notice of the hearing date under rule 32 of the 2013 Rules.

Fees: transferred proceedings

5

Where an issue in proceedings in court has been transferred to the Tribunal and a fee payable under Schedule 1 to this Order is due, the fee payable shall be the fee due less the total amount of any fees previously paid by the applicant to the court in respect of the court proceedings.

Fees: split hearings

6

• (1) Paragraph (2) applies where the Tribunal has directed that an issue in a related case is to be determined at the hearing of a lead case and the remaining issues are to be determined at a separate hearing.

• (2) The fee payable in respect of the hearing of the remaining issues shall be the fee payable under Schedule 1 to this Order less the amount of any fee paid by the applicant in accordance with article 7.

Fees: lead cases

7

A hearing fee for a lead case shall be payable in equal proportions by—

• (a) the applicant in the lead case;

• (b) an applicant in a related case; and

• (c) an applicant whose application is heard with the lead case.

Fees: apportionment of liability for fees in cases involving more than one applicant

8

• (1) This article applies where a fee is payable under Schedule 1 to this Order.

• (2) Subject to paragraph (3) and article 9 (remissions), any fee payable shall be payable in equal proportions by the applicants.

• (3) Where proceedings are brought by a tenant or landlord of premises and the tenant is more than one person or the landlord is more than one person, the tenant shall be treated as one person and the landlord shall be treated as one person for the purposes of paragraph (2).

Remissions

9

Schedule 2, which provides for remissions, has effect.

SCHEDULE 1 — Fees to be taken

Column 1Proceedings where fee is payable	Column 2Fee to be taken
1 Applications under the Housing Act 2004[^f00003]
1.1 On an application under section 22(9) of the Housing Act 2004 (refusal to approve use of premises subject to a prohibition order)	£155
1.2 On an application under section 62(7) of the Housing Act 2004 (house in multiple occupation licensing: refusal to grant temporary exemption notice)	£155
1.3 On an application under section 86(7) of the Housing Act 2004 (selective licensing: refusal to grant temporary exemption notice)	£155
1.4 On an application under section 126(4) of the Housing Act 2004 (effect of management orders: furniture)	£155
1.5 On an application under section 138 of the Housing Act 2004 (compensation payable to third parties)	£155
1.6 On an application under paragraph 10 of Schedule 1 to the Housing Act 2004 (improvement notice)	£155
1.7 On an application under paragraph 13 of Schedule 1 to the Housing Act 2004 (local housing authority’s decision to vary, or to refuse to revoke or vary, an improvement notice)	£155
1.8 On an application under paragraph 7 of Schedule 2 to the Housing Act 2004 (prohibition order)	£155
1.9 On an application under paragraph 9 of Schedule 2 to the Housing Act 2004 (local housing authority’s decision to vary, or to refuse to revoke or vary, a prohibition order)	£155
1.10 On an application under paragraph 11 of Schedule 3 to the Housing Act 2004 (improvement notice: demand for recovery of expenses)	£155
1.11 On an application under paragraph 31 of Schedule 5 to the Housing Act 2004 (grant or refusal of licence)	£155
1.12 On an application under paragraph 32 of Schedule 5 to the Housing Act 2004 (houses in multiple occupancy licensing: decision to vary or revoke, or to refuse to vary or revoke licence)	£155
1.13 On an application under paragraph 28 of Schedule 6 to the Housing Act 2004 (local housing authority’s decision to vary or revoke, or to refuse to vary or revoke, a management order)	£155
1.14 On an application under paragraph 32 of Schedule 6 to the Housing Act 2004 (management order: third party compensation)	£155
1.15 On an application under paragraph 26(1)(a) and (b) of Schedule 7 to the Housing Act 2004 (final empty dwelling management order)	£155
1.16 On an application under paragraph 30 of Schedule 7 to the Housing Act 2004 (local housing authority’s decision to vary or revoke, or to refuse to vary or revoke, an interim or final empty dwelling management order)	£155
1.17 On an application under paragraph 34(2) of Schedule 7 to the Housing Act 2004 (empty dwelling management order: third party compensation)	£155
1.18 On an application under paragraph 24 of Schedule 6 to the Housing Act 2004 (interim and final management order)	£155
Note on fee 1.18This fee does not apply where an application under sub-paragraph 1(b) of paragraph 24 of Schedule 6 to the Housing Act 2004 is made on the grounds set out in sub-paragraph (3) of that paragraph.
2 Applications under the Housing Act 1985[^f00004]
2.1 On an application under section 269(1) of the Housing Act 1985[^f00005] (demolition orders)	£155
2.2 On an application under section 318(1) of the Housing Act 1985[^f00006] (power of tribunal to authorise execution of works on unfit premise or for improvement)	£155
3 Applications and appeals in respect of mobile homes and caravan sites
3.1 On an application under paragraph 28(1)(h) of Chapter 2, or paragraph 26(1)(h) of Chapter 4, of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (qualifying residents’ association to be acknowledged by owner of protected site)	£155
3.1A On an application made under regulation 10 or 17 of the Mobile Homes (Site Rules) (England) Regulations 2014 (site rules and deposit appeals)	£155
3.1B On an application under paragraph 7B(2) or 8B(2) of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 made on the grounds prescribed by regulation 7(1) or (2) of the Mobile Homes (Selling and Gifting) (England) Regulations 2013 as applicable (owner’s application for a refusal order)	£155
3.1C On an appeal under section 7(1) of the Caravan Sites and Control of Development Act 1960 (appeal against conditions attached to a site licence)	£155
3.1D On an appeal under section 8(2) of the Caravan Sites and Control of Development Act 1960 (appeal against alteration of conditions attached to site licence or a refusal of a local authority to vary conditions)	£155
3.1E On an appeal under section 9A(3) of the Caravan Sites and Control of Development Act 1960 (appeal against a compliance notice)	£155
3.1F On an appeal under section 9E(9) of the Caravan Sites and Control of Development Act 1960 (appeal against local authority taking emergency action)	£155
3.1G On an appeal under section 9F(7) of the Caravan Sites and Control of Development Act 1960 (appeal against a demand for recovery of expenses in connection with emergency action or works in default)	£155
3.1H On an appeal under regulation 6 of the Mobile Homes (Site Licensing) (England) Regulations 2014 (appeal against a local authority’s decision not to issue, or consent to the transfer of, a caravan site licence in respect of a relevant protected site)	£155
3.2 On an application under section 2(2) of the Mobile Homes Act 1983 (terms concerning matters mentioned in Part 2 of Schedule 1 to the Mobile Homes Act 1983)	The appropriate fee set out at fee 3.6
3.3 On an application under section 2(3) of the Mobile Homes Act 1983 (variation or deletion of express terms in agreement)	The appropriate fee set out at fee 3.6
3.4 On an application under section 4 of the Mobile Homes Act 1983 (determination of any question arising under the Mobile Homes Act 1983 or any agreement to which the Mobile Homes Act 1983 applies)	The appropriate fee set out at fee 3.6
3.5 On an application under paragraphs 4, 5 or 5A(2) of Chapter 2, or paragraphs 4, 5 or 6(1) of Chapter 4, of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (termination by owner)	The appropriate fee set out at fee 3.6
3.6 On an application under paragraph 10(1) of Chapter 2, or paragraph 8(1) of Chapter 4, of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (re-siting of mobile home)—
(a) where the application contains one reference	£155
(b) where the application contains two references	£205
(c) where the application contains three or four references	£410
(d) where the application contains five or more references	£515
Note on fees 3.1 to 3.6:No fee is payable in relation to an application ... that has been transferred from a court to the Tribunal.Note on fees 3.2 to 3.6: The number of references contained in an application is the number of pitches or mobile homes to which the application relates; and—“mobile home” has the same meaning as in section 5(1) of the Mobile Homes Act 1983[^f00008]; and“pitch” has the same meaning as in Part 1 of Schedule 1 to the Mobile Homes Act 1983.
4 Applications in respect of a service charge, insurance premium or administration charge
4.1 On an application under section 27A of the Landlord and Tenant Act 1985[^f00009] (determination of liability to pay a service charge)	The appropriate fee set out at fee 4.4
4.2 On an application under paragraph 8(2)(b) of the Schedule to the Landlord and Tenant Act 1985[^f00010] (right to challenge the insurance premium)	The appropriate fee set out at fee 4.4
4.3 On an application under paragraph 3 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002[^f00011] (variation of lease because of administration charge)	The appropriate fee set out at fee 4.4
4.4 On an application under paragraph 5 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 (determination of liability to pay an administration charge)
where the service charge, insurance premium or administration charge which is the subject of the application—
(a) does not exceed £500	£65
(b) exceeds £500 but does not exceed £1000	£90
(c) exceeds £1000 but does not exceed £5000	£125
(d) exceeds £5000 but does not exceed £15,000	£250
(e) exceeds £15,000	£440
5 Applications in respect of a consultation, insurance, appointment of manager and variation of lease
5.1 On an application under section 20ZA of the Landlord and Tenant Act 1985[^f00012] (determination to dispense with consultation requirements)	The appropriate fee set out at fee 5.4
5.2 On an application under paragraph 8(2)(a) of the Schedule to the Landlord and Tenant Act 1985[^f00013] (determination as to suitability of insurer)	The appropriate fee set out at fee 5.4
5.3 On an application under section 24 of the Landlord and Tenant Act 1987[^f00014] (appointment of managers)	The appropriate fee set out at fee 5.4
5.4 On an application under Part 4 of the Landlord and Tenant Act 1987[^f00015] (variation of leases)—
(a) where the application relates to 5 or fewer dwellings	£190
(b) where the application relates to between 6 and 10 dwellings	£315
(c) where the application relates to more than 10 dwellings	£440
Note on fees 4 and 5:Where an application is made under –(a) two or more of the provisions mentioned in fee 4;(b) two or more of the provisions mentioned in fee 5; or(c) one or more of the provisions mentioned in fee 4 and one or more of the provisions mentioned in fee 5,the fee payable in respect of the application shall be the highest fee which would have been payable if a separate application had been made under each of those provisions.
6 Hearing Fee
On receiving notice of a hearing date	£190
Note on fee 6:Fee 6 applies only where an application has been made which attracts fee 4 or 5.

SCHEDULE 2 — Remissions and Part Remissions

Interpretation

1

In this Schedule –

• “applicant” means the individual who would, but for this Schedule, be liable to pay the fee required under this Order;

• “couple” means—a man and a woman who are married to each other and are members of the same household;a man and a woman who are not married to each other but are living together as husband and wife;two people of the same sex who are civil partners of each other and are members of the same household;two people of the same sex who are not civil partners of each other but are living together as if they were civil partners, andfor the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;

• “partner” means—where the person is a member of a couple, the other member of that couple; orwhere the person is polygamously married to two or more members of a household, any such member.

Remission

2

• (1) No fee is payable under this Order if the applicant is granted a fee remission.

• (2) An applicant is eligible for a fee remission if at the time when a fee would otherwise be payable, the applicant or their partner is in receipt of a qualifying benefit.

• (3) The following are qualifying benefits for the purposes of sub-paragraph (2)—

• (a) either of the following benefits under part 7 of the Social Security Contributions and Benefits Act 1992[^f00016]—

• (i) income support; or

• (ii) housing benefit;

• (b) an income-based jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995[^f00017];

• (c) a working tax credit under Part 1 of the Tax Credits Act 2002[^f00018] to which sub-paragraph (4) applies;

• (d) a guarantee credit under the State Pensions Credit Act 2002[^f00019];

• (e) an income-related employment and support allowance payable under Part 1 of the Welfare and Reform Act 2007[^f00020];

• (f) a certificate which has not been revoked or discharged —

• (i) which has been issued under the Funding Code[^f00021], being the code approved under section 9 of the Access to Justice Act 1999[^f00022]; or

• (ii) which has been issued under the Civil Legal Aid (Procedure) Regulations 2012[^f00023] under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00024]; and

• (iii) which is in respect of the proceedings before the Tribunal where an issue has been transferred from a county court for determination by the Tribunal.

• (4) This sub-paragraph applies where—

• (a) either

• (i) there is disability element or severe disability element (or both) to the tax credit received by the person or their partner; or

• (ii) the person or their partner are also in receipt of child tax credit; and

• (b) the gross annual income taken into account for the calculation of the working tax credit is £16,190 or less.

3

• (1) An applicant must apply to the Lord Chancellor for a fee remission at the time when the fee would otherwise be payable.

• (2) Where the Lord Chancellor refuses a fee remission, the fee must be paid within such period as may be notified in writing by the Lord Chancellor to the applicant or applicants as the case may be.

Reduction of fees

4

Subject to paragraph 14, if a party or their partner is aged 66 or over, that party satisfies the disposable capital test if that party’s disposable capital is less than £16,000.

Signed

Signed by the authority of the Lord Chancellor

Helen Grant — Parliamentary Under Secretary of State — Ministry of Justice — 21st May 2013

We consent,

Mark Lancaster — Robert Goodwill — Two of the Lords Commissioners of Her Majesty’s Treasury — 22nd May 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order specifies the matters dealt with in the Property Chamber of the First-tier Tribunal for which fees are payable. It lists the types of proceedings which attract a fee, identifies the point at which the fee is payable, the person liable to pay such fee and the amount of the fee.

The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) transferred into the unified tribunal structure the functions of (amongst others) residential property tribunals and leasehold valuation tribunals in relation to England. The effect of this Order is that the circumstances which attracted fees in those tribunals will attract fees in the Property Chamber, though the amount of the fees has been increased by the rate of inflation since the fees were last increased for those types of proceedings. The original fees are detailed in the Explanatory Memorandum to this Order which is published on the website of the Office of Public Sector Information.

This Order also provides for fees to be remitted in certain circumstances and for fees to be reduced rateably where one or more of the applicants is granted a fee remission.

Footnotes

[^f00001]: 2007 c. 15.

Editorial notes

[^key-0a9fbaf3798036deb0c637ff7ea5a627]: Art. 1 in force at 1.7.2013, see art. 1

[^key-85c4e143d0dfadc845b33576dc1e3153]: Art. 3 in force at 1.7.2013, see art. 1

[^key-7f914a1d214e522cf07ec365f03a929b]: Art. 4 in force at 1.7.2013, see art. 1

[^key-10d3d3b8d7c34e952f82056d7e9074e2]: Art. 5 in force at 1.7.2013, see art. 1

[^key-0b78064349d492244893a09a04c0608e]: Art. 8 in force at 1.7.2013, see art. 1

[^key-17a26c1416960ec46a77e17570f68218]: Art. 2 in force at 1.7.2013, see art. 1

[^key-1ac809270cee2840e910437b1b450870]: Art. 6 in force at 1.7.2013, see art. 1

[^key-749c92be0c0890a856c27dcb9fa25453]: Art. 7 in force at 1.7.2013, see art. 1

[^key-914ba796dacfb961fb2fe7074f358ad0]: Art. 9 in force at 1.7.2013, see art. 1

[^key-6d83a06613ad5d5e9057cb668b91294e]: Sch. 2 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 11(2), Sch. (with art. 13)

[^key-1acf18e228bc307d8ecab683eda5c4d8]: Sch. 2 para. 21 inserted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 11(3) (with art. 13)

[^key-76b3bd56ca42fcf4c7f1d0d00de9bb67]: Words in Sch. 2 para. 1(1) substituted (6.4.2014) by The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 (S.I. 2014/590), arts. 1, 6(1)(f)(2)

[^key-8849d103d39fdbee757575196b1b9222]: Words in Sch. 2 para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 196(a)

[^key-e0910b7f80100be7c51afa32fd100f3d]: Word in Sch. 2 para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 196(b)

[^key-19187f5a2db7a25e3ddfe0097c2329c1]: Words in Sch. 2 para. 1(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 196(c)

[^key-4ccc4a5bc71f3c41ffc905b26c1e7886]: Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), art. 1, Sch.

[^key-57b4138666bf70753542c5a7c955f093]: Words in art. 3 inserted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 5(2)(a)

[^key-cd739232c948397a721015462ac06bb2]: Words in art. 3 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 5(2)(b)

[^key-bb4212ca8318eb3767679a276eeee1df]: Words in art. 3 inserted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 5(2)(c)

[^key-666b7e818096e6e56e69a3e17a3127be]: Words in art. 3 inserted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 5(2)(d)

[^key-e7bcc696497d8dfbacef8810c74771ce]: Words in art. 4(3) substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 5(3)

[^key-16b8af04e3b2e5b4dfa4de8364cd137f]: Words in art. 4(4) substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 5(4)(a)

[^key-5483c8f055ed2b786fa1fc7af58d4a14]: Words in art. 4(4) substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 5(4)(b)

[^key-f1966ad65118801e0ef623345cb5c5dc]: Words in art. 5 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 5(5)

[^key-9b29df4911550ccae915b7717819901d]: Words in art. 8(1) substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 5(6)

[^key-3e4ae672198b28dacdc05c6221ff5cc5]: Words in Sch. 2 para. 1(1) substituted (6.4.2017) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 46(a) (with arts. 2, 3); S.I. 2017/297, art. 3(1)(b)

[^key-919eb4d24dd5a1777a13b0ef0e749229]: Sch. 2 para. 10(n) substituted (6.4.2017) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 46(b) (with arts. 2, 3); S.I. 2017/297, art. 3(1)(b)

[^key-60d98a2f1c6df1bd7a73c08a4bfb1985]: Sch. 2 para. 4 heading inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(4)(a) (with art. 6)

[^key-fd916810b1cb81c810296df62a141dab]: Sch. 2 para. 11A inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(11) (with art. 6)

[^key-973ee7989e45728a672d2511ae077d4b]: Words in Sch. 2 para. 1(1) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(a) (with art. 6)

[^key-aaf333ecad9a5c1c3fdd2ce104f6d4e7]: Words in Sch. 2 para. 1(1) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(b) (with art. 6)

[^key-779dcc1f56dd2441a7bd43842c9915fc]: Words in Sch. 2 para. 1(1) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(c) (with art. 6)

[^key-6e21dd1992af9013dbcb509d12ffade9]: Sch. 2 para. 3 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(3) (with art. 6)

[^key-d7985d1d297c54e160d7c23dc8ff125a]: Word in Sch. 2 para. 4 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(4)(b) (with art. 6)

[^key-1fc450e0ca73c16190766a047d655158]: Sch. 2 para. 5 renumbered as Sch. 2 para. 5(1) (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(5)(a) (with art. 6)

[^key-106c161e1c7145eabe78257fe7c1961e]: Sch. 2 para. 5(2) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(5)(c) (with art. 6)

[^key-ca5478360c6ffd7fe14f16b8d32fb8a4]: Words in Sch. 2 para. 5(1) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(5)(b) (with art. 6)

[^key-39f2441602d0ecabf0a62f0bc3b9b1c4]: Words in Sch. 2 para. 6 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(6) (with art. 6)

[^key-18917cbcd8fd670cfb62155546af320b]: Sch. 2 para. 7 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(7) (with art. 6)

[^key-6bfa4456d56b31a45bb9d0dacfe2f933]: Words in Sch. 2 para. 9 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(8) (with art. 6)

[^key-309e67a2fcd6a0e8959bcb46e3f172b0]: Sch. 2 para. 10(b) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)

[^key-6d98beb91fcf5aa9e4ff1957c51d0134]: Sch. 2 para. 10(c) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)

[^key-f8baaf4c1f753ea475f0cfe62a824841]: Sch. 2 para. 10(e) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)

[^key-9d8f01c73ca5a30da02f2b704c13a2a0]: Sch. 2 paras. 10(r)-(zf) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(b) (with art. 6)

[^key-660df6ef555f1fc5bdce498582e5583a]: Sch. 2 para. 11 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(10) (with art. 6)

[^key-dcbbd78fa6b89b979440e45fb1fd8797]: Sch. 2 para. 12 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(12) (with art. 6)

[^key-65ca92e95e92f89b37bf6b0138118d41]: Sch. 2 para. 13 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(13) (with art. 6)

[^key-3bd387f7880f36220be411d7616159c7]: Sch. 2 para. 15(5)(6) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(14)(c) (with art. 6)

[^key-c573b2a03f9a2a50c9d6701e592916a7]: Words in Sch. 2 para. 15(2)(c) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(14)(a) (with art. 6)

[^key-5c6696f88230925242feb20a54f45b30]: Words in Sch. 2 para. 15(3) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(14)(b) (with art. 6)

[^key-d4660b89941106e3d351b929769a1072]: Words in Sch. 2 para. 17(2) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(15) (with art. 6)

[^key-01e44cb577b353598a67e62d69ade7e5]: Words in Sch. 1 table substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 11(a)

[^key-63e2d46976cfe6ca4a58e01ba587c5ff]: Sum in Sch. 1 Table substituted (8.4.2025) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), art. 1(1), Sch. 9

1

• (1) In this Schedule—

• “child” means a person—whose main residence is with a party and who is aged—under 16 years; or16 to 19 years; and is—not married or in a civil partnership; andenrolled or accepted in full-time education that is not advanced education, or approved training; orin respect of whom a party or their partner pays child support maintenance or periodic payments in accordance with a maintenance agreement,and “full-time education”, “advanced education” and “approved training” have the meaning given by the Child Benefit (General) Regulations 2006;

• “child support maintenance” has the meaning given in section 3(6) of the Child Support Act 1991;

• “couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002;

• “disposable capital” has the meaning given in paragraph 5;

• “excluded benefits” means any of the following—any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—attendance allowance under section 64;severe disablement allowance;carer’s allowance;disability living allowance;constant attendance allowance under section 104 as an increase to a disablement pension;any payment made out of the social fund;housing benefit;...any of the following benefit payable under the Tax Credits Act 2002—any disabled child element or severely disabled child element of the child tax credit;any childcare element , disabled element or severely disabled element of the working tax credit;any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, ..., the Carers and Direct Payments Act (Northern Ireland) 2002, ... section 12B(1) of the Social Work (Scotland) Act 1968 or under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014;...any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;any payments from the Industrial Injuries Disablement Benefit;any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;any payment made from the Independent Living Funds; any payment of bereavement support payment under section 30 of the Pensions Act 2014; any financial support paid under an agreement for the care of a foster child;any housing credit element of pension credit;any armed forces independence payment;any personal independence payment payable under the Welfare Reform Act 2012;any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—an additional amount to the child element in respect of a disabled child;a housing costs element;a childcare costs element;a carer element;a limited capability for work or limited capacity for work and work -related activity element;

• “family help (higher)” has the meaning given in paragraph 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

• “family help (lower)” has the meaning given in paragraph 15(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

• “gross monthly income” has the meaning given in paragraph 13;

• “Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013;

• “legal representation” has the meaning given in paragraph 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

• “maintenance agreement” has the meaning given in subsection 9(1) of the Child Support Act 1991;

• “partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;

• “party” means the individual who would, but for this Schedule, be liable to pay a fee under this Order;

• “restraint order” means—an order under section 42(1A) of the Senior Courts Act 1981;an order under section 33 of the Employment Tribunals Act 1996;a civil restraint order made under rule 3.11 of the Civil Procedure Rules 1998, or a practice direction made under that rule; ora civil restraint order under rule 4.8 of the Family Procedure Rules 2010, or the practice direction referred to in that rule.

• (2) References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted shall be construed accordingly.

Fee remission

2

If a party satisfies the disposable capital test, the amount of any fee remission is calculated by applying the gross monthly income test.

Disposable capital test

Disposable capital test

3

Subject to paragraph 4, a party satisfies the disposable capital test if the fee payable by the party and for which an application for remission is made is—

• (a) up to and including £1,420 and the party’s disposable capital is less than £4,250;

• (b) £1,421 to £5,000 and the party’s disposal capital is less than three times the amount of the fee payable;

• (c) £5,001 or more and the party’s disposable capital is less than £16,000.

4

Subject to paragraph 14, if a party or their partner is aged 61 or over, that party satisfies the disposable capital test if that party’s disposable capital is less than £16,000.

Disposable capital

5

• (1) Subject to paragraph 14, disposable capital is the value of any savings and investments belonging to the party on the date on which the application for remission is made, unless it is treated as income by this Order, or it is disregarded as excluded disposable capital.

• (2) In sub-paragraph (1), reference to “savings and investments” includes, but is not limited to—

• (a) bonds;

• (b) stocks and shares; and

• (c) the value of any land or property.

Disposable capital - non-money resources

6

The value of any savings and investments that do not consist of money is calculated as the amount which that resource would realise if sold, less—

• (a) 10% of the sale value; and

• (b) the amount of any borrowing secured against that resource that would be repayable on sale.

Disposable capital - resources held outside the United Kingdom

7

• (1) Capital resources in a country outside the United Kingdom count towards disposable capital.

• (2) If there is no prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount that resource would realise if sold to a buyer in the United Kingdom.

• (3) If there is a prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount which that resource would realise if sold in that country, in accordance with paragraph 6.

Disposable capital - foreign currency resources

8

Where disposable capital is held in currency other than sterling, the cost of any banking charge or commission that would be payable if that amount were converted into sterling, is deducted from its value.

Disposable capital - jointly owned resources

9

Where any savings and investments are owned jointly or in common, there is a presumption that the resource is owned in equal shares, unless evidence to the contrary is produced.

Excluded disposable capital

10

The following things are excluded disposable capital—

• (a) a property which is the main or only dwelling occupied by the party;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) any vehicle, the sale of which would leave the party, or their partner, without motor transport;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

• (g) the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

• (h) a jobseeker’s back to work bonus;

• (i) a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

• (j) any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

• (k) the capital held in any personal or occupational pension scheme;

• (l) any cash value payable on surrender of a contract of insurance;

• (m) any capital payment made out of the Independent Living Funds;

• (n) any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment);

• (o) any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

• (p) any student loan or student grant;

• (q) any payments under the criminal injuries compensation scheme;

• (r) any payments under the Armed Forces Compensation Scheme;

• (s) any compensation paid as a result of the Grenfell Tower fire;

• (t) any payments under the Lambeth Children’s Homes Redress Scheme;

• (u) any payments from the London Emergencies Trust;

• (v) any payments under the Medomsley Detention Centre Physical Abuse Settlement Scheme;

• (w) any payments under the Miscarriage of Justice Compensation Scheme;

• (x) any payments from the National Emergencies Trust;

• (y) any payments under the Infected Blood Support Scheme;

• (z) any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

• (za) any payments under the Jesus Fellowship Redress Scheme;

• (zb) any payment under the Vaccine Damage Payment Scheme;

• (zc) any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

• (zd) any compensation paid under the Victims of Overseas Terrorism Compensation Scheme;

• (ze) any payments under the We Love Manchester Emergency Fund; and

• (zf) any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020.

Gross monthly income test

Remission of fees - gross monthly income

11

• (1) Subject to paragraphs 11A and 12, if a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party’s gross monthly income does not exceed the applicable threshold.

• (2) The applicable threshold is—

• (a) £1,420, for a party that is single and has no children;

• (b) £2,130, for a party that is part of a couple and has no children; or

• (c) as otherwise calculated in accordance with sub-paragraph (3).

• (3) Where this sub-paragraph applies, the applicable threshold is determined by taking the following steps—

• (Step 1) Identify the number of children aged 13 or below and multiply this number by £425.

• (Step 2) Identify the number of children aged 14 or over and multiply this number by £710.

• (Step 3) Add together the amounts calculated at Step 1 and Step 2.

• (Step 4) Add £1,420 to the amount calculated at Step 3.

The result is the applicable threshold for a party that is single and has children.

• (Step 5) If a party is part of a couple, take this additional step.

Add £710 to the amount calculated at Step 4.

The result is the applicable threshold for a party that is part of a couple and has children.

• (4) Subject to sub-paragraph (6), if a party’s gross monthly income exceeds the applicable threshold, that party must pay an amount towards the fee payable to which the application for remission relates, which is determined in accordance with sub-paragraph (5).

• (5) Where this sub-paragraph applies, the amount payable is determined as follows—

• (Step 1) Deduct the applicable threshold from the party’s gross monthly income.

The amount calculated is the “excess income”.

• (Step 2) Apply the rates specified in the second column of the Table to the parts of the party’s excess income specified in the corresponding row of the first column.

• (Step 3) Add together the amounts calculated at Step 2 (if there are two or more such amounts).

Subject to sub-paragraph (6), the result is the amount payable.

Part of excess income	Rate
Up to and including £1,000	50%
£1,001 to £2,000	70%
£2,001 to £3,000	90%

• (6) No party is required to pay an amount that is more than the fee payable for which the application for remission has been made, if no remission had been granted.

Gross monthly income cap

12

No remission is available if a party’s gross monthly income exceeds the applicable threshold determined in accordance with paragraph 11(2), plus the sum of £3,000.

Gross monthly income

13

• (1) Subject to paragraph 14, “gross monthly income” means the total sum of—

• (a) the lower of—

• (i) the gross amount that has been earned by the party in the month immediately preceding that in which the application for remission is made; or

• (ii) the average of the gross amount that has been earned by the party in the three months immediately preceding that in which the application for remission is made, and

• (b) the gross amount received by the party from any other source in the month immediately preceding that in which the application for remission is made, other than receipt of any of the excluded benefits.

• (2) For the purposes of sub-paragraph (1), earnings from a trade, business or gainful occupation other than an occupation at a wage or salary are calculated as the lower of—

• (a) the party’s net profits for the month preceding that in which the application for remission is made; or

• (b) the average of the party’s net profits for the three months preceding that in which the application for remission is made.

• (3) In sub-paragraph (2), “net profits” means the profits which have accrued to the party less all sums necessarily expended to earn those profits.

General

Resources and income treated as the party’s resources and income

14

• (1) Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party.

• (2) Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.

Application for remission of a fee

15

• (1) An application for remission of a fee must be made at the time when the fee would otherwise be payable.

• (2) Where an application for remission of a fee is made, the party must—

• (a) indicate the fee to which the application relates;

• (b) declare the amount of their disposable capital; and

• (c) provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of paragraph 11.

• (3) Where an application for remission of a fee is made on ... the date on which a fee is payable, the date for payment of the fee is disapplied.

• (4) Where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

• (5) The Lord Chancellor may by written notice request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

• (6) An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (5) within the period specified by that notice, or such other extended period as may be agreed in writing at the Lord Chancellor’s discretion.

Remission in exceptional circumstances

16

A fee specified in this Order may be remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.

Refunds

17

• (1) Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 16, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.

• (2) Subject to sub-paragraph (3), where a fee has been paid at a time when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under paragraph 15, the fee or the amount by which the fee would have been reduced, as the case may be, must be refunded to the party.

• (3) No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.

• (4) The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months.

Legal Aid

18

A party is not entitled to a fee remission if, under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, they are in receipt of the following civil legal services —

• (a) Legal representation; or

• (b) Family help (higher); or

• (c) Family help (lower) in respect of applying for a consent order.

Vexatious litigants

19

• (1) This paragraph applies where—

• (a) a restraint order is in force against a party; and

• (b) that party makes an application for permission to—

• (i) issue proceedings or take a step in proceedings as required by the restraint order;

• (ii) apply for amendment or discharge of the order; or

• (iii) appeal the order.

• (2) The fee prescribed by this Order for the application is payable in full.

• (3) If the party is granted permission, they are to be refunded the difference between—

• (a) the fee paid; and

• (b) the fee that would have been payable if this Schedule had been applied without reference to this paragraph.

Exceptions

20

No remissions or refunds are available in respect of the fee payable for—

• (a) copy or duplicate documents;

• (b) searches.

Apportionment of liability for fees in cases involving more than one person as the party

21

Where more than one person is the party and at least one of those persons is granted a remission in accordance with this Schedule—

• (a) subject to sub-paragraph (b), the fee shall be payable in equal proportions by those remaining persons who have not been granted a remission;

• (b) no person shall be liable to pay an amount that is more than the amount which they would have paid if they alone were the party.

SCHEDULE 1

Column 1Number and description of fee	Column 2Amount of fee
1. Application Fee
1.1 Where no other fee is specified, on filing an application to commence proceedings in any leasehold case or on filing an appeal or an application to commence proceedings in a residential property case.	£114
1.2 On filing proceedings for approval of the exercise of a power of entry, made under paragraph 6B of Schedule 9 to the Local Government Finance Act 1988 or under section 25A of the Local Government Finance Act 1992.	£114
1.3 On filing an application under Schedule 1, Part 1, Chapter 2, paragraph 16(b) to the Mobile Homes Act 1983 (determination of the amount of the pitch fee other than on Local Authority and County Council Gypsy and Traveller Sites).	£23
1.4 On filing an application under Schedule 1, Part 1, Chapter 2, paragraph 18(1)(a)(iii) of the Mobile Homes Act 1983 (determination to take into account sums expended by the owner since the last review date on improvements).	£23
1.5 On filing an application under Schedule 1, Part 1, Chapter 4, paragraph 14(b) of the Mobile Homes Act 1983 (determination of the amount of the pitch fee on Local Authority or County Council Gypsy and Traveller sites.	£23
1.6 On filing an application under Schedule 1, Part 1, Chapter 4, paragraph 16(1)(a)(iii) of the Mobile Homes Act 1983 (determination to take into account sums expended by the owner since the last review date on improvements).	£23
Where an application is made under two or more provisions, the fee payable in respect of the application is the highest fee which would have been payable if a separate application had been made under each of the provisions.
2. Hearing Fee	£227
On receiving notice of a hearing date.
Fee 2 only applies to an application which attracts fee 1.1 or 1.2.Where a number of applications are joined together for the purposes of a hearing, fee 2 is payable only once in respect of that hearing.

Disposable capital test - deeming provisions for those aged 66 or over

Disposable capital

Disposable capital - non-money resources

Disposable Capital - resources held outside the United Kingdom

Disposable capital - foreign currency resources

Disposable capital - jointly owned resources

Excluded disposable capital

Gross monthly income— passporting benefits

11A

• (1) If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party is in receipt of any passporting benefits.

• (2) The following are passporting benefits—

• (a) income-based Jobseeker’s Allowance;

• (b) income-related Employment and Support Allowance;

• (c) income support;

• (d) pension credit (Guarantee Credit); and

• (e) universal credit with additional gross annual earnings of less than £6,000.

Gross monthly income cap

Gross monthly income