This guide sets out — in plain English — the statutory framework, procedure, evidence and tactical decisions involved in ews1 forms and service charge recovery. It is written for leaseholders, RTM directors, managing agents and small landlords who need to prepare a Property Chamber case to the same standard a solicitor would.
What you need to know
- Read the lease first — it defines what is even in scope for the statutory tests.
- Split contract (lease) arguments from statute (reasonableness / procedure) arguments.
- Costs discipline — plead s.20C, para 5A Sch 11 and Rule 13 at issue, not at closing.
- Prepare a paginated bundle and a Scott Schedule; the tribunal decides on evidence.
Statutory framework
- s.18 Landlord & Tenant Act 1985 (definition of service charge)
- s.19 Landlord & Tenant Act 1985 (reasonableness)
- s.20 Landlord & Tenant Act 1985 (consultation)
- s.20B Landlord & Tenant Act 1985 (18-month rule)
- s.20C Landlord & Tenant Act 1985 (costs order)
- s.21 Landlord & Tenant Act 1985 (summary of costs)
The leaseholder protection regime
The Building Safety Act 2022 created a bespoke protection regime for "relevant leaseholders" in "relevant buildings" (over 11m or 5 storeys with a "relevant defect"). Costs relating to cladding on qualifying leases are non-recoverable; non-cladding remediation is capped and — where the landlord is or is associated with the developer, or meets the £2m contribution-condition — recoverable from the leaseholder at £0.
Key elements of Schedule 8 Building Safety Act 2022 (leaseholder protections):
- Cladding costs: fully non-recoverable from qualifying leaseholders.
- Non-cladding: capped at £10,000 (outside London) / £15,000 (in London), spread over 10 years, with additional caps for higher-value flats.
- Waking watch: strict recoverability limits.
- Landlord certificate + leaseholder deed of certificate machinery.
Remediation orders and contribution orders
Under s.123 BSA 2022 an interested person can apply for a Remediation Order compelling a landlord to fix defects. Under s.124 a Remediation Contribution Order can be sought against associated companies — including up the corporate tree.
Evidence checklist
- Documentary — lease, deeds of variation, demands, s.21B summary of rights, accounts, invoices, tender returns, minutes.
- Witness — statements from directors / residents / managing agent; signed with the standard statement of truth.
- Expert — surveyor / valuer / accountant where the tribunal has permitted expert evidence (rare in low-value cases; standard in enfranchisement and major works).
- Photographic — dated, geo-tagged where possible; do not rely on stock imagery.
Key caselaw
- Daejan Investments Ltd v Benson [2013] UKSC 14
- Arnold v Britton [2015] UKSC 36
- Aviva Investors v Williams [2023] UKSC 6
- Waaler v LB Hounslow [2017] EWCA Civ 45
- Gilje v Charlgrove Securities [2001] EWCA Civ 1777
Common mistakes
- Filing without a Scott Schedule — the tribunal cannot decide item-by-item without one.
- Overloading the bundle — every page must earn its place; a 2,000-page bundle loses more than it wins.
- Missing the s.20C and para 5A applications at issue — asking at the door of the hearing rarely succeeds.
- Confusing service charge with administration charge (variable admin charges have their own regime under Schedule 11 CLRA 2002).
- Assuming payment closes the door — s.27A(2) preserves the right to challenge historic charges.
Timeline (indicative)
| Stage | Typical timing |
|---|---|
| Application issued | Week 0 |
| Case management directions | Week 2–4 |
| Statement of case / disclosure | Week 6–10 |
| Witness statements | Week 10–14 |
| Hearing bundle | 14 days before hearing |
| Skeleton arguments | 7 days before hearing |
| Hearing | Week 20–30 |
| Decision | 4–8 weeks after hearing |
Practical next steps
- Run the intake at [/dashboard](/dashboard) for a structured AI analysis with citations.
- Use the [/bundle-builder](/bundle-builder) to compile a tribunal-ready PDF.
- If you are not yet sure which application to make, run [/triage](/triage) to map your facts to the right form and jurisdiction.
This guide is educational and not legal advice. For advice on your specific matter, consult a solicitor regulated by the SRA or a barrister with rights of audience at the Property Chamber.
Frequently asked questions
Do I need a solicitor for ews1 forms and service charge recovery?＋
No. The First-tier Tribunal (Property Chamber) is designed to be accessible to litigants in person, and lay representatives are permitted under the Legal Services Act 2007. That said, high-value enfranchisement, complex Building Safety Act claims and cases with novel points of law are usually run with counsel.
What does the FTT actually cost?＋
Fee bands are £100 issue + £200 hearing (band A) or £20 + £150 (band B), with full remission on Help with Fees. Because the tribunal is a no-costs jurisdiction, most litigants' biggest exposure is the landlord's ability to add its litigation costs to the service charge — which is why s.20C and para 5A applications matter.
How long does a case take?＋
From issue to decision, expect 5–8 months for a standard track case, 2–4 months on the paper track, and 9–18 months for enfranchisement or building-safety claims that require expert evidence and site inspections.
Can I recover my own costs if I win?＋
Rarely. Rule 13 of the 2013 Rules allows a costs order only where the other side has acted unreasonably in bringing, defending or conducting the proceedings — a high bar. The real prize for leaseholders is not paying the landlord's costs via a s.20C order.
Does paying under protest waive my right to challenge?＋
No. Section 27A(2) of the Landlord & Tenant Act 1985 expressly preserves the right to challenge charges that have already been paid, provided the payment was not made under a binding compromise or admission agreement.
Ready to prepare your case?
Run the intake, get structured AI analysis with citations, and export a full tribunal-ready bundle as PDF.