Statutory Instruments

2013 No. 1179

Tribunals And Inquiries, England

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 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 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._I1_,_I2

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_I3

3. In this Order—

[^F1 “the 2013 Rules ” means the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 ^F1] ;

[^F2 “ application ”, in article 4 and Schedule 1, includes the bringing of an appeal to the Tribunal; ^F2]

“lead case” means a case which is directed to be a lead case under rule 23 (lead cases) of [^F3 the 2013 Rules ^F3] ;

^F4...

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

^F5...

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

Fees payable_I4

4.—(1)[^F6 Applications in respect of which^F6] fees are payable in accordance with the provisions of this Order are listed in column 1 of Schedule 1 to this Order.

(2)[^F7 The application fee^F7] due is set out in column 2 of that Schedule.

[^F8 (2A) Where an application is made under two or more provisions, the application fee payable is the highest application fee that would have been payable if a separate application had been made under each of the provisions.

(2B) The hearing fee due is set out in column 3 of that Schedule.

(2C) Where two or more applications are joined for the purposes of a single hearing, the hearing fee payable is the highest hearing fee that would be payable if a separate hearing were held for each of the applications.^F8]

(3)[^F9 Any application fee payable^F9] is due at the same time as the application is made.

(4)[^F10 Any hearing fee payable^F10] is due within 14 days of an applicant receiving notice of the hearing date under rule 32 of [^F11the 2013 Rules^F11] .

Fees: transferred proceedings_I5

5. Where an issue in proceedings in court has been transferred to the Tribunal and [^F12a fee payable under Schedule 1 to this Order^F12] 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_I6

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 [^F13hearing fee^F13] paid by the applicant in accordance with article 7.

Fees: lead cases_I7

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_I8

8.—(1) This article applies where a fee is payable under [^F14Schedule 1 to this Order^F14] .

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

(3) Where [^F15an application is made^F15] 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_I9

9. Schedule 2, which provides for remissions, has effect.

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

Article 4(1)

[^F16Schedule 1 Fees to be taken

Column 1	Column 2	Column 3
Number and description of application	Amount of application fee	Amount of hearing fee
1. Leasehold Enfranchisement
1.1 An application under any provision of the Leasehold Reform Act 1967 which confers jurisdiction on the Tribunal.	£114	£227
1.2 An application under any provision of the Leasehold Reform, Housing and Urban Development Act 1993 which confers jurisdiction on the Tribunal.	£114	£227
2. Leasehold Management
2.1 An application under section 20C or 27A(1) or (3) of, or paragraph 8 of the Schedule to, the Landlord and Tenant Act 1985 .	£114	£227
2.2 An application under any provision of the Landlord and Tenant Act 1985 which confers jurisdiction on the Tribunal, other than those specified in item 2.1, 3.4 or 3.5.	£200	£300
2.3 An application under section 24(1) or 37(1) of the Landlord and Tenant Act 1987 .	£114	£227
2.4 An application under any provision of the Landlord and Tenant Act 1987 which confers jurisdiction on the Tribunal, other than an application specified elsewhere in this Schedule.	£200	£300
2.5 An application under section 159 (3) or (6) of, or paragraph 3 , 5 or 5A of Schedule 11 to, the Commonhold and Leasehold Reform Act 2002 .	£114	£227
2.6 An application under any provision of the Commonhold and Leasehold Reform Act 2002 which confers jurisdiction on the Tribunal, other than an application specified elsewhere in this Schedule.	£200	£300
3. Residential Property Matters
3.1 An application under paragraph 10 of Schedule A1 to the Protection from Eviction Act 1977 .	£200	£300
3.2 An application under section 272 (1) or (2) (a) of, or paragraph 11 of Schedule 5 to, the Housing Act 1985 .	£114	£227
3.3 An application under any provision of, or made under, the Housing Act 1985 which confers jurisdiction on the Tribunal, other than an application specified elsewhere in this Schedule.	£200	£300
3.4 An application under section 29 of the Landlord and Tenant Act 1985 for a certificate of recognition of a tenants’ association.	£114	£227
3.5 An application under section 29 of the Landlord and Tenant Act 1985 to cancel a certificate of recognition of a tenants’ association.	£200	£300
3.6 An application under paragraph 10 of Schedule 2ZA to the Housing Act 1988 .	£200	£300
3.7 An application under section 15 or 41 of the Housing and Planning Act 2016 .	£114	£227
3.8 An application under any provision of, or made under, the Housing and Planning Act 2016 which confers jurisdiction on the Tribunal, other than an application specified elsewhere in this Schedule.	£200	£300
3.9 An application under section 73 (5) , 102 (7) (b) , 105 (10) , 114 (7) or 133 (1) of, or paragraph 24 of Schedule 6 or paragraph 1 (7) , 2 (3) (d) , 9 (8) or 10 (3) (d) of Schedule 7 to, the Housing Act 2004 .	£114	£227
3.10 An application under any provision of, or made under, the Housing Act 2004 which confers jurisdiction on the Tribunal, other than an application specified elsewhere in this Schedule.	£200	£300
3.11 An application under regulation 11 of the Tenants’ Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018 .	£114	£227
3.12 An application under any provision of the Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 which confers jurisdiction on the Tribunal.	£200	£300
3.13 An application under paragraph 10 of Schedule 5 to the Renters’ Rights Act 2025 .	£200	£300
4. Rents
4.1 An application under section 14 (A1) or (A3) or 39 (9) (b) (i) of the Housing Act 1988 .	£47	No fee payable
5. Park and Mobile Homes
5.1 An application under any provision of, or made under, the Caravan Sites and Control of Development Act 1960 which confers jurisdiction on the Tribunal.	£200	£300
5.2 An application under section 1(6), 2, or 4 of, or paragraph 10 (2) of Schedule 1 to, the Mobile Homes Act 1983 .	£114	£227
5.3 An application under paragraph 16(b) or 18(1)(a)(iii) of Chapter 2, or paragraph 14(b) or 16(1)(a)(iii) of Chapter 4, of Schedule 1 to the Mobile Homes Act 1983 .	£23	No fee payable
5.4 An application under any provision of, or made under, the Mobile Homes Act 1983 which confers jurisdiction on the Tribunal, other than an application specified elsewhere in this Schedule.	£200	£300
5.5 An application under regulation 6 of the Mobile Homes (Site Licensing) (England) Regulations 2014 .	£200	£300
5.6 An application under regulation 10 or 17 of the Mobile Homes (Site Rules) (England) Regulations 2014 .	£114	£227
5.7 An application under regulation 13 of the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 .	£114	£227
5.8 An application under any provision of the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 which confers jurisdiction on the Tribunal, other than an application specified elsewhere in this Schedule.	£200	£300
6. Other specified provisions
6.1 An application under paragraph 6B of Schedule 9 to the Local Government Finance Act 1988 .	£114	£227
6.2 An application under section 25A of the Local Government Finance Act 1992 .	£114	£227
6.3 An application under paragraph 5 of the Schedule to the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019 .	£200	£300^F16]

Article 9

[^F17SCHEDULE 2 Remissions and Part Remissions

Interpretation

1.—(1) In this Schedule—

“child” means a person—

(a)

whose main residence is with a party and who is aged—

(i)

under 16 years; or

(ii)

16 to 19 years; and is—

(aa)

not married or in a civil partnership; and

(bb)

enrolled or accepted in full-time education that is not advanced education, or approved training; or

(b)

in 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;

[^F18 “excluded benefits” means any of the following—

(a)

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—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

^F19 ...

(b)

any of the following benefit payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element [^F20 , disabled element or severely disabled element^F20] of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, ^F21..., the Carers and Direct Payments Act (Northern Ireland) 2002, ^F22... section 12B(1) of the Social Work (Scotland) Act 1968 [^F23 or under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014^F23] ;

(d)

^F24 ...

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(f)

any payments from the Industrial Injuries Disablement Benefit;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;

(h)

any payment made from the Independent Living Funds;

(i)

[^F25 any payment of bereavement support payment under section 30 of the Pensions Act 2014;^F25]

(j)

any financial support paid under an agreement for the care of a foster child;

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work -related activity element;^F18]

“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—

(a)

an order under section 42(1A) of the Senior Courts Act 1981;

(b)

an order under section 33 of the Employment Tribunals Act 1996;

(c)

a civil restraint order made under rule 3.11 of the Civil Procedure Rules 1998, or a practice direction made under that rule; or

(d)

a 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

[^F26Disposable 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.^F26]

[^F27Disposable capital test - deeming provisions for those aged 66 or over^F27]

4. Subject to paragraph 14, if a party or their partner is aged [^F28 66^F28] 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 [^F30 any savings and investments^F30] 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.

[^F31 (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.^F31]

Disposable capital - non-money resources

6. The value of [^F32 any savings and investments that do^F32] 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.

[^F33Disposable 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.^F33]

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 [^F34 savings and investments are^F34] 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;

^F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F36(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F37(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;

[^F38 (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);^F38]

(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;

[^F39 (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.^F39]

Gross monthly income test

[^F40Remission 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 1Identify the number of children aged 13 or below and multiply this number by £425.

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

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

Step 4Add £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 5If 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 1Deduct the applicable threshold from the party’s gross monthly income.

The amount calculated is the “excess income”.

Step 2Apply 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 3Add 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.

Table

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.^F40]

[^F41Gross 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.^F41]

[^F42Gross 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.^F42]

[^F43Gross 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. ^F43]

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 [^F44 paragraph 11^F44] .

(3) Where an application for remission of a fee is made on ^F45... 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.

[^F46 (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.^F46]

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 [^F47 paragraph 16^F47] , 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.

[^F48Apportionment 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.^F48^,^F17]]

(1)

2007 c. 15.

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

footnote	commentary	related provisions	insert/omit
F1	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)		inserted
F2	Words in art. 3 inserted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 12(2) (as amended by S.I. 2026/665, arts. 1(2), 2)		inserted
F3	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)		substituted
F4	Words in art. 3 omitted (1.5.2026) by virtue of The First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2026 (S.I. 2026/485), arts. 1(1), 2(2)(a)		omitted
F5	Words in art. 3 omitted (1.5.2026) by virtue of The First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2026 (S.I. 2026/485), arts. 1(1), 2(2)(b)		omitted
F6	Words in art. 4(1) substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 12(3)(a) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F7	Words in art. 4(2) substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 12(3)(b) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F8	Art. 4(2A)-(2C) inserted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 12(3)(c) (as amended by S.I. 2026/665, arts. 1(2), 2)		inserted
F9	Words in art. 4(3) substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 12(3)(d) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F10	Words in art. 4(4) substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 12(3)(e) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F11	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)		substituted
F12	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)		substituted
F13	Words in art. 6(2) substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 12(4) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F14	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)		substituted
F15	Words in art. 8(3) substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 12(5) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F16	Sch. 1 substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), art. 1(2), Sch. 6 (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F17	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F18	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)		substituted
F19	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)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F20	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)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F21	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)		omitted
F22	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)		omitted
F23	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)		inserted
F24	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)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F25	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F26	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F27	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)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F28	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F29	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)	this amendment (text renumbered) should be read in conjunction with other related provisions, see the commentary.	renumbered
F30	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F31	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)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F32	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F33	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F34	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F35	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)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F36	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)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F37	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)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F38	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F39	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)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F40	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F41	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)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F42	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F43	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F44	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F45	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)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F46	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)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F47	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)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F48	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)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
I1	Art. 1 in force at 1.7.2013, see art. 1
I2	Art. 2 in force at 1.7.2013, see art. 1
I3	Art. 3 in force at 1.7.2013, see art. 1
I4	Art. 4 in force at 1.7.2013, see art. 1
I5	Art. 5 in force at 1.7.2013, see art. 1
I6	Art. 6 in force at 1.7.2013, see art. 1
I7	Art. 7 in force at 1.7.2013, see art. 1
I8	Art. 8 in force at 1.7.2013, see art. 1
I9	Art. 9 in force at 1.7.2013, see art. 1

Defined Term	Section/Article	ID
advanced education	para 1. of SCHEDULE 2	def_08a175e800
application	art. 3.	def_07fbd19fe9
approved training	para 1. of SCHEDULE 2	def_c139269b85
child	para 1. of SCHEDULE 2	def_0800368adf
child support maintenance	para 1. of SCHEDULE 2	def_6545622b5f
couple	para 1. of SCHEDULE 2	def_64e94ba045
disposable capital	para 1. of SCHEDULE 2	def_5630f9c597
excess income	para 11. of SCHEDULE 2	def_04626aaa98
excluded benefits	para 1. of SCHEDULE 2	def_0a853ebc99
family help (higher)	para 1. of SCHEDULE 2	def_4fa43d3654
family help (lower)	para 1. of SCHEDULE 2	def_33f715c631
full-time education	para 1. of SCHEDULE 2	def_47120dd5fb
gross monthly income	para 1. of SCHEDULE 2	def_058449366c
gross monthly income	para 13. of SCHEDULE 2	def_c1f64d20f3
Independent Living Funds	para 1. of SCHEDULE 2	def_e626bbf3f2
lead case	art. 3.	def_79ddeaca67
legal representation	para 1. of SCHEDULE 2	def_59931490d3
maintenance agreement	para 1. of SCHEDULE 2	def_1e4ca647bc
net profits	para 13. of SCHEDULE 2	def_677edf143c
partner	para 1. of SCHEDULE 2	def_1396edc8a7
party	para 1. of SCHEDULE 2	def_9b4c85b566
related case	art. 3.	def_b48fcb75ce
restraint order	para 1. of SCHEDULE 2	def_e952e1d9a4
savings and investments	para 5. of SCHEDULE 2	def_e3ae9b69e7
the 2013 Rules	art. 3.	def_fbac2f4704
Tribunal	art. 3.	def_84ca2cbb53

2013 No. 1179

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

Citation, commencement, extent, and application.I1,I2

DefinitionsI3

Fees payableI4

Fees: transferred proceedingsI5

Fees: split hearingsI6

Fees: lead casesI7

Fees: apportionment of liability for fees in cases involving more than one applicantI8

RemissionsI9

[F16Schedule 1 Fees to be taken

[F17SCHEDULE 2 Remissions and Part Remissions

Interpretation

Fee remission

Disposable capital test

[F26Disposable capital test

[F27Disposable capital test - deeming provisions for those aged 66 or overF27]

Disposable capital

Disposable capital - non-money resources

[F33Disposable Capital - resources held outside the United Kingdom

Disposable capital - foreign currency resources

Disposable capital - jointly owned resources

Excluded disposable capital

Gross monthly income test

[F40Remission of fees - gross monthly income

Table

[F41Gross monthly income— passporting benefits

[F42Gross monthly income cap

[F43Gross monthly income

General

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

Application for remission of a fee

Remission in exceptional circumstances

Refunds

Legal Aid

Vexatious litigants

Exceptions

[F48Apportionment of liability for fees in cases involving more than one person as the party

Status of changes to instrument text

Citation, commencement, extent, and application._I1_,_I2

Definitions_I3

Fees payable_I4

Fees: transferred proceedings_I5

Fees: split hearings_I6

Fees: lead cases_I7

Fees: apportionment of liability for fees in cases involving more than one applicant_I8

Remissions_I9

[^F16Schedule 1 Fees to be taken

[^F17SCHEDULE 2 Remissions and Part Remissions

[^F26Disposable capital test

[^F27Disposable capital test - deeming provisions for those aged 66 or over^F27]

[^F33Disposable Capital - resources held outside the United Kingdom

[^F40Remission of fees - gross monthly income

[^F41Gross monthly income— passporting benefits

[^F42Gross monthly income cap

[^F43Gross monthly income

[^F48Apportionment of liability for fees in cases involving more than one person as the party