OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(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.