ej_topmost
Property Hawk

MAKING A LEASEHOLD DISPUTE APPLICATION

How do I make an application to the Leasehold Valuation Tribunal?

Application forms are available from the Panel Offices. You may need to complete more than one form, where for example you want the LVT make a decision about service charge costs and an administration charge. All forms should be completed as fully as possible. When completing the forms please read the guidance notes. These tell you what documents you should include. Do not send all of the papers you think might be relevant to your case. You will be asked to provide full documentation at a later stage. The application form should be returned to your local Panel office. If you do not know which is correct office please telephone the RPTS national help line on 0845 600 3178

Can a County Court transfer a case to the Leasehold Valuation Tribunal?

Yes. If the County Court is dealing with a case which includes issues that the LVT has power to deal with, the judge can decide to make an order for those issues to be transferred to the LVT. Usually, the rest of the claim will be adjourned until after the LVT makes its decision.

Do I have to pay a fee to make an application?

For some applications, yes. The ODPM has decided that for service charge, dispensation of service charge consultation requirements, administration charge, appointment of a manager and lease variation applications, fees are payable. No fees are payable for right to manage and estate management charge applications. There are two fees: the application fee and a hearing fee.

How much is the application fee?

An application fee varies either according to how much money is in dispute (for service charges, administration charges) or according to the number of dwellings to which the application relates (dispensation of service charge consultation requirements, appointment of managers and variation of leases). The tables below set out how the fee is calculated.

Service charges, administration charges

Amount less than £500 - Fee £50
Amount more than £500 but not more than £1000 - Fee £70
Amount more than £1000 but not more than £5000 - Fee £100
Amount more than £5000 but not more than £15000 - Fee £200
Amount more than £15000 - Fee £350

Dispensation of consultation -requirements, appointment of managers and variation of leases

5 or fewer dwellings Fee £150
Between 6 and 10 dwellings Fee £250
More than 10 dwellings Fee £350

 

When do I pay the application fee?

This depends on whether you are making your application directly to the LVT or whether the case has been transferred from the County Court.

Direct applications - the fee must be paid with the application. Fees must be paid by cheque or by postal order drawn in favour of the Office of the Deputy Prime Minister. The LVT will not accept cash.

Transferred applications - you will be invoiced for the fee when the papers are received from the County Court. If you have already paid a fee to the County Court, this will be deducted from the invoice. The fee must be paid by cheque or by postal order drawn in favour of the Office of the Deputy Prime Minister. The LVT will not accept cash.

 

Can I apply to the LVT if I cannot afford the fees?

If you or your partner are in receipt of one of a specified number of benefits, you can apply for a waiver of the fees. The benefits are as follows-.

• Income Support
• Housing Benefit
• Income Based Job Seekers Allowance
• a working tax credit with a disability element or the applicant or partner is also in receipt of child tax credit, and the gross annual income taken into account for the calculation of the working tax credit is £14,213 or less
• a guarantee credit under the State Pensions Credit Act 2002
• a certificate issued under the Funding Code which has not been revoked or discharged and which is in respect of the proceedings before the tribunal the whole or part of which have been transferred from the county court for determination by a tribunal
• A Working Tax Credit where the Gross Annual Income used to calculate the Tax Credit is £14,213 or less

If I make more than one application to the LVT do I have to pay a separate fee for each one?

No, you need only pay one fee. This will be the highest of the fees you would have paid for any one of the applications you are making.

 

How much is the hearing fee?

The hearing fee is £150 unless you are entitled to have it waived (see above).The next chapter explains when this fee must be paid. You do not need to pay the fee until you receive an invoice which will be sent to you by the appropriate panel office. You must pay the hearing fee by either a cheque or a postal order drawn in favour of the Office of the Deputy Prime Minister. The LVT will not accept cash. If your case is to be decided without a hearing (see the next chapter) you do not have to pay a hearing fee. The waivers listed above for those receiving benefit also apply to hearing fees.

 

More on Leasehold Disputes

Comments (0)

Name
E-mail (Will not appear online)
Subject
Comment
To prevent automated Bots form spamming, please enter the text you see in the image below in the appropriate input box. Your comment will only be submitted if the strings match. Please ensure that your browser supports and accepts cookies, or your comment cannot be verified correctly.
»
This comment form is powered by GentleSource Comment Script. It can be included in PHP or HTML files and allows visitors to leave comments on the website.
Most popular landlord information and FAQs

 

Commercial Mortgages

Whole market search.
Instant personalised quote.
Rates updated in real time.

Find the most suitable mortgage for your individual requirements using our advanced buy-to-let mortgage finder.

Search

FORMS FOR LETTING PROPERTY

FREE TENANCY AGREEMENT (AST)
FREE SECTION 213 NOTICE
FREE PROPERTY INVENTORY
FREE SECTION 21 NOTICE
FREE SECTION 8 NOTICE
FREE TENANCY GUARANTOR FORMS
SERVING NOTICE

FINANCE AND TAX ON RENTAL PROPERTY

INCOME TAX
CAPITAL GAINS TAX
LANDLORD INSURANCE
PROPERTY INVESTMENTS
OTHER BTL FINANCE
BTL FINANCE - THINGS TO KNOW
BUY TO LET MORTGAGES
BTL MORTGAGE BROKERS
SELLING A BTL PROPERTY

RENTAL PROPERTY REGULATIONS

GENERAL SAFETY
GAS SAFETY
ELECTRICAL SAFETY
FURNITURE AND FURNISHINGS
FIRE SAFETY
TV LICENCES
HMO (HOUSE IN MULTIPLE OCCUPATION)
TENANCY DEPOSIT SCHEME (TDS)
ENERGY PERFORMANCE CERTIFICATES
COMMUNAL HEATING REGULATIONS

INVESTING IN BTL PROPERTY

A GUIDE FOR NEW LANDLORDS
WHICH PERIOD OF PROPERTY
CALCULATING RETURNS
RENTAL YIELDS
FINDING PROPERTY
SELECTION STRATEGY
INVESTMENT CHECKLIST
PROPERTY AUCTIONS
BMV PROPERTY
BUYING OFF PLAN
BUYING APARTMENTS
BUYING HOUSES
BUYING HMO'S
ALTERNATIVE INVESTMENT
KNOWING THE RISKS
PROPERTY INVESTMENT CLUBS
RENTAL TYPES

MANAGING RENTAL PROPERTY

GIVING NOTICE TO LEAVE
NON - PAYMENT OF RENT
TENANT ABANDONMENT
GETTING YOUR MONEY BACK
THE TENANT WONT MOVE OUT
THE TENANT DOES A BUNK
SQUATTERS
RAISING THE RENT
REDUCING THE RENT
REPAYING THE TENANCY DEPOSIT
FAIR WEAR AND TEAR
MOULD AND CONDENSATION
MAINTENANCE OF A RENTAL PROPERTY
APPLIANCES
LANDLORD ASSOCIATIONS

 

LETTING RENTAL PROPERTY

TEN STEPS TO LETTING
PROPERTY MARKETING
WRITING A LETTING ADVERT
FURNISHING A PROPERTY
LETTING AGENT OR DIY
SELECTING A LETTING AGENT
VETTING TENANTS
TENANTS ON BENEFITS
LETTING TO STUDENTS
PREPARING AN INVENTORY
PROPERTY HANDOVER
RENTAL DEPOSIT
TERMS OF A TENANCY
LENGTH OF A TENANCY
RESPONSIBILITY FOR REPAIR AND MAINTENANCE
TENANCIES IN SCOTLAND
ALTERNATIVE TENANCIES
LETTING TO TENANTS WITH PETS

 

LEGISLATION OF LETTING PROPERTY

INTRODUCTION
TENANCY DEPOSIT DISPUTES
ARBITRATION
ALTERNATIVE DISPUTE RESOLUTION
TRIBUNALS
HOUSING ACT APPEAL DISPUTES
THE LANDS TRIBUNAL
RIGHTS OF LIGHT APPLICATION
APPEALS FROM LEASEHOLD VALUATION TRIBUNALS (LVT's)
POSSESSION PROCEEDINGS
POSSESSION - SECTION 8 NOTICE
POSSESSION - SECTION 21 NOTICE
SECTION 21 TIMETABLE AND PROCESS
N5B POSSESSION
POSSESSION ORDERS
GROUNDS FOR POSSESSION
PREPARING FOR A POSSESSION HEARING
LEASEHOLD DISPUTES
HARASSMENT BY LANDLORDS
RENT DISPUTES BETWEEN LANDLORD & TENANT
FAIR RENT (RAC)
MARKET RENT UNDER AST
LEASEHOLD VALUATION TRIBUNALS
MODIFICATION OF RESTRICTIVE COVENANTS