SI 2026/485 - The First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2026

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STATUTORY INSTRUMENTS 2026 No. 485 (L. 6) TRIBUNALS AND INQUIRIES, ENGLAND The First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2026 Made - - - - 30th April 2026 Coming into force - - 1st May 2026 The Lord Chancellor makes this Order in exercise of the powers conferred by section 42(1)(a) and

(2) and 49(3) of the Tribunals, Courts and Enforcement Act 2007(1).

The Lord Chancellor has consulted with the Senior President of Tribunals in accordance with

section 42(5) before making this Order and has obtained the consent of the Treasury in accordance with section 42(6).

A draft of this Order has been laid before Parliament and approved by resolution of each House of Parliament in accordance with section 49(5) and (6)(c) of the Tribunals, Courts and Enforcement Act 2007.

Citation, commencement, extent, and application

1.—(1) This Order may be cited as the First-tier Tribunal (Property Chamber) Fees (Amendment)

Order 2026 and comes into force on the day after the day on which the Order is made.

(2) This Order extends to England and Wales, and applies to proceedings in the Property Chamber of the First-tier Tribunal.

Amendment to the First-tier Tribunal (Property Chamber) Fees Order 2013

2.—(1) The First-tier Tribunal (Property Chamber) Fees Order 2013(2) is amended as follows.

(2) In article 3 (definitions)—

(a) after the definition for “lead case”, omit— ““leasehold case” has the meaning given in rule 1(3) of the 2013 Rules;”;

(b) after the definition for “related case”, omit— ““residential property case” has the meaning given in rule 1(3) of the 2013 Rules;”.

(3) In article 4 (fees payable)—

(1) 2007 c. 15. Section 42 was amended by S.I. 2010/21 and 2013/2042.

(2) S.I. 2013/1179. Relevant amending instruments are S.I. 2016/807, and S.I. 2025/351.Document Generated: 2026-05-01

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(a) in paragraph (3), for “fees 1.1 to 1.6” substitute “fees 1.1 to 1.12”;

(b) in paragraph (4), for “fee 2” substitute “fees 2.1 or 2.2”.

(4) For Schedule 1 (fees to be taken), substitute the Schedule set out in the Schedule to this Order.

By the authority of the Lord Chancellor Alex Davies-Jones Parliamentary Under Secretary of State 30th April 2026 Ministry of Justice We consent Gen Kitchen Christian Wakeford Two of the Lords Commissioners of His 29th April 2026 Majesty’s Treasury 2Document Generated: 2026-05-01

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Schedule Article 2(4) Substituted Schedule 1 to the First-tier Tribunal (Property Chamber) Fees Order 2013 “SCHEDULE 1 Fees to be taken Column 1 Column 2 Number and description of fee Amount of fee

1. To commence proceedings

1.1 Where no other fee is specified, on filing an application to commence £114 proceedings in any case in respect of which the Tribunal has jurisdiction under any of the enactments specified in section 176A(2) of the Commonhold and Leasehold Reform Act 2002 (3) or on filing an appeal or an application to commence proceedings in a case in respect of which the Tribunal has jurisdiction conferred by or under the Caravan Sites and Control of Development Act 1960 (4), the Mobile Homes Act 1983 (5), the Housing Act 1985 (6), the Housing Act 2004 (7), and the Housing and Planning Act 2016

(8).

1.2 On filing proceedings for approval of the exercise of a power of entry, made £114 under paragraph 6B of Schedule 9 to the Local Government Finance Act 1988

(9) or under section 25A of the Local Government Finance Act 1992 (10).

1.3 On filing an application under Schedule 1, Part 1, Chapter 2, paragraph £23 16(b) to the Mobile Homes Act 1983 (11) (determination of the amount of the pitch fee other than on Local Authority and County Council Gypsy and Traveller Sites).

1.4 On filing an application under Schedule 1, Part 1, Chapter 2, paragraph £23 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).

1.5 On filing an application under Schedule 1, Part 1, Chapter 4, paragraph £23 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).

1.6 On filing an application under Schedule 1, Part 1, Chapter 4, paragraph £23 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).

1.7 On filing an application under section 14(A1) or 14(A3) of the Housing £47 Act 1988 (12) for the determination of rent (determination of rent by a tenant

(3) 2002 c. 15.

(4) 1960 c. 62.

(5) 1983 c. 34.

(6) 1985 c. 68.

(7) 2004 c. 34.

(8) 2016 c. 22.

(9) 1988 c. 41. Paragraph 6B of Schedule 9 was inserted by S.I. 2015/982.

(10) 1992 c. 14. Section 25A was inserted by S.I. 2015/982.

(11) 1983 c. 34; relevant amending instruments to Schedule 1 are S.I. 2006/1755 and S.I. 2011/1005. Paragraph 18 of Chapter 2 was amended by the Mobile Homes Act 2013 (c. 14), and the Mobile Homes (Wales) Act 2013. Paragraph 16 of Chapter 4 was amended by S.I. 2013/1723. S.I. 2012/899 has made amendments in relation to Wales.

(12) 1988 c. 50. Section 14(A1) is inserted into the Housing Act 1988 by section 7 of the Renters’ Rights Act 2025 (c. 26).

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Column 1 Column 2 Number and description of fee Amount of fee or an application by a tenant to challenge a new rent (including the validity of the notice served) under any assured tenancy).

1.8 On filing an application under section 39(9)(b)(i) of the Housing Act 1988 £47

(13) (an application for determination of the terms reasonably expected to be found in an assured tenancy of a dwelling-house, after service of notice of variation under section 39(9)(a) of the Housing Act 1988).

1.9 On filing an appeal under Schedule A1, paragraph 10 to the Protection from £200 Eviction Act 1977 (14) of a decision to impose a penalty, or the amount of the penalty for an offence under section 1 of the Protection from Eviction Act 1977 (where a person unlawfully evicts or harasses an occupier).

1.10 On filing an appeal under Schedule 2ZA, paragraph 10 to the Housing Act £200 1988 (15) of a decision to impose a penalty, or the amount of the penalty for—

(a) a breach of Schedule 6, paragraph 7(2) to the Renters’ Rights Act 2025 (16) (duty to give the tenant of an existing tenancy information in writing about the changes made by the Renters’ Rights Act 2025);

(b) a breach of section 16D of the Housing Act 1988 (17) (duty to provide a written statement of terms and information before the tenancy is entered into);

(c) a breach of section 16E(1)(a) of the Housing Act 1988 (18) (duty not to purport to let a dwelling-house on an assured tenancy for a fixed term);

(d) a breach of section 16E(1)(b) of the Housing Act 1988 (duty not to purport to bring an assured tenancy to an end by service of a notice to quit);

(e) a breach of section 16E(1)(c) of the Housing Act 1988 (duty not to purport to bring an assured tenancy to an end, or require that it is brought to an end, orally);

(f) a breach of section 16E(1)(d) of the Housing Act 1988 (duty not to serve on a tenant a purported notice of possession);

(g) a breach of section 16E(1)(e) of the Housing Act 1988 (duty not to rely on a ground in Schedule 2 to the Housing Act 1988 where the person does not reasonably believe that the landlord is, will or may be able to obtain an order for possession on that ground and the tenant surrendered the tenancy within the period of four months beginning with the date of the contravention, without an

order for possession of the dwelling-house being made);

(h) a breach of section 16E(1)(f) of the Housing Act 1988 (duty not to rely on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 to the Housing Act 1988, if no statement of the landlord’s wish to be able to recover possession on such grounds was given to the tenant at the start of the tenancy);

(13) 1988 c. 50. Section 39(9)(b)(i) is inserted into the Housing Act 1988 by paragraph 32 of Schedule 2 to the Renters’ Rights Act 2025 (c. 26).

(14) 1977 c. 43. Schedule A1, paragraph 10 is inserted into the Protection from Eviction Act 1977 by section 58(4) of the Renters’ Rights Act 2025 (c. 26).

(15) 1988 c. 50. Schedule 2ZA is inserted into the Housing Act 1988 by section 16 of the Renters’ Rights Act 2025 (c. 26).

(16) 2025 c. 26.

(17) 1988 c. 50. Section 16 D is inserted into Housing Act 1988 by section 12 of the Renters’ Rights Act 2025 (c. 26).

(18) 1988 c. 50. Section 16 E is inserted into the Housing Act 1988 by section 13 of the Renters’ Rights Act 2025 (c. 26).

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Column 1 Column 2 Number and description of fee Amount of fee

(i) an offence under section 16J(1) of the Housing Act 1988 (19) (using a ground for possession in Schedule 2 to the Housing Act 1988, knowing that the landlord would not be able to get an order for possession using that ground or being reckless as to whether the landlord would be able to do so and the tenant surrendered the tenancy within the period of four months beginning with the date of the contravention, without an order for possession of the dwelling- house being made);

(j) an offence under section 16J(2) of the Housing Act 1988 (where a person re-lets or markets a property (or authorises another person to do so) within the restricted period after using Grounds 1 or 1A);

(k) an offence under section 16J(3) of the Housing Act 1988 (where a person has received a financial penalty for prohibited conduct and that conduct is continuing more than 28 days after the penalty was imposed, or where an appeal was brought, the day after that appeal has concluded);

(l) an offence under section 16J(4) of the Housing Act 1988 (where a person conducts themselves in a manner giving rise to liability to a financial penalty for prohibited conduct having in the preceding 5 years received a financial penalty either for a relevant penalty for prohibited conduct or a conviction for an offence for different conduct);

1.11 On filing an appeal under Schedule A1, paragraph 10 to the Housing Act £200 2004 (20) of a decision to impose a penalty, or the amount of the penalty for a breach of section 6A of the Housing Act 2004 (when a property contains a serious Category 1 hazard).

1.12 On filing an appeal under Schedule 5, paragraph 10 to the Renters’ Rights £200 Act 2025 of a decision to impose a penalty, or the amount of the penalty under—

(a) section 40(1) of the Renters’ Rights Act 2025 (appeals against the decision to impose a penalty, or the amount of the penalty when a landlord discriminates against a tenant who has children /or is in receipt of benefits);

(b) section 57(1) of the Renters’ Rights Act 2025 (appeals against the decision to impose a penalty, or the amount of the penalty for not stating the proposed rent in a written advertisement, or inviting or encouraging offers which exceed the stated amount of rent).

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 Fees

2.1 On receiving notice of a hearing date of an application which attracts fee £227

1.1 or 1.2.

2.2 On receiving notice of a hearing date of an appeal which attracts fees 1.9 £300 to 1.12.

(19) 1988 c. 50. Section 16 J is inserted into the Housing Act 1988 by section 15 of the Renters’ Rights Act 2025 (c. 26).

(20) 2004 c. 34. Schedule A1, paragraph 10 is inserted into the Housing Act 2004 by paragraph 34 of Schedule 4(1) to the Renters’ Rights Act 2025 (c. 26).

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Column 1 Column 2 Number and description of fee Amount of fee Where a number of applications are joined together for the purposes of a hearing, a hearing fee is payable only once in respect of that hearing.” EXPLANATORY NOTE (This note is not part of the Order) This Order amends the First-tier Tribunal (Property Chamber) Fees Order 2013 (S.I. 2013/1179) to prescribe new fees for proceedings in the Property Chamber of the First-tier Tribunal (“the Tribunal”) introduced or amended in the Tribunal by the Renters’ Rights Act 2025 (c. 26) (“the Act”).

Provisions in the Act come into force on 1 May 2026 permitting proceedings for which new fees

1.7 to 1.10, and 1.12 are prescribed. The provision permitting proceedings for which fee 1.11 is prescribed will commence at a later date when section 6A of the Housing Act 2004 comes fully into force.

Article 2(2) removes definitions of “leasehold case“ and “residential property case” delegated to definitions in Rule 1(3) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169) (“the Rules”) which are no longer required as article 2(4) replaces “leasehold case” and “residential property case” in fee 1.1 with references to specific provisions of primary legislation under which the proceedings are commenced.

Article 2(3) amends the provision concerning when payment of fees is due to include reference to the new fees introduced by article 2(4).

Article 2(4) replaces Schedule 1 in its entirety and re-states fees 1.2 to 1.6, the notes in the Schedule and the hearing fee 2.1 without any changes. It amends Schedule 1 to remove the reference to “leasehold case” and “residential property case” in fee 1.1 no longer required. It amends Schedule 1 to prescribe a new specific fee 1.7 for an application to determine rent and a new fee

1.8 for new applications to determine the terms of a tenancy under new provisions introduced by the Act. It amends Schedule 1 to prescribe new specific fees 1.9 to 1.12 for appeals against financial penalties imposed under new provisions introduced by the Act. It amends Schedule 1 to prescribe fee 2.2 to be paid upon receiving notice of a hearing date in proceedings for which fees for financial penalty appeals 1.9 to 1.12 are prescribed. No hearing fee is payable in proceedings for which fees

1.3 to 1.8 are prescribed.

No impact assessment has been carried out for these amendments as no, or no significant impact on the private, voluntary or public sectors is foreseen.

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