This guide sets out — in plain English — the statutory framework, procedure, evidence and tactical decisions involved in fitness for human habitation act 2018 remedies. 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)
Florrie's Law — the £15,000 cap
Where a local authority carries out works funded by central government (typically Decent Homes / regeneration), the Social Landlords Mandatory Reduction of Service Charges (England) Directions 2014 cap the recoverable amount at £15,000 in London and £10,000 outside London over a five-year period.
Which forum?
Council leaseholders can still use the FTT (Property Chamber) for s.27A challenges. Complaints about repair standards for tenants go to the Housing Ombudsman or the county court under the Homes (Fitness for Human Habitation) Act 2018; the FTT does not have jurisdiction over social rented tenancies.
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 fitness for human habitation act 2018 remedies?＋
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.