ej_topmost
Property Hawk

LEASEHOLD VALUATION DISPUTES

What problems can the Leasehold Valuation Tribunal (LVT) help with?

NOTE. This content applies to England
If you have problems negotiating with your freeholder, a Leasehold Valuation Tribunal (LVT) may be able to help. They can settle most financial disputes, and may also be able to sort out disagreements about the quality of services provided.
 
Most disputes between leaseholders and freeholders can be taken to an Leasehold Valuation Tribunal. This might include disagreements about:
  • insuring the building
  • how much you have to pay in service charges
  • the quality of services provided
  • how much you have to pay to extend your lease
  • how much you have to pay to buy the freehold of your building
 
Leasehold Valuation Tribunals  can decide whether the amount you have to pay for services or repairs is 'reasonable'. This won't necessarily be the price you were hoping for, but can often be less than the freeholder has asked for. The Leasehold Valuation Tribunal  can't usually force the freeholder to refund any money you have already paid, or order her/him to pay your legal costs. If you have problems like these you may need to go to court instead, so get professional advice.
 
If your building is being managed very badly, you can ask the Leasehold Valuation Tribunal to appoint a manager. The freeholder would still own the property, but would lose the right to manage it. S/he may also lose the right to collect ground rent.
If what your lease says about maintenance, repairs, insurance or service charges is unclear or unfair, the Leasehold Valuation Tribunal may be able to change it.

How do I apply to an Leasehold Valuation Tribunal?

You can get an application form from the Leasehold Advisory Service website, or directly from your local Leasehold Valuation Tribunal. Check to make sure that you don't have to do anything before making an application. For example, if you want to appoint a manager for the property, you normally have to give the freeholder a certain amount of written notice before applying. You can get advice from the Leasehold Advisory Service, a solicitor, a housing aid centre, citizens advice bureau or other advice centre in your area.

How do Leasehold Valuation Tribunals work?

Leasehold Valuation Tribunals consist of a panel of three members: a solicitor, a valuer, and a non-specialist lay person. They are independent and impartial. They are a type of legal hearing, but are less formal than going to court. Many people have presented their own case and won, even if the other person had a solicitor. However, it is usually worth getting professional advice before you start.
 
Problems can be taken to an Leasehold Valuation Tribunal by either the leaseholder or the freeholder. Hearings do not always take place at the Leasehold Valuation Tribunal's own offices. They are often held near your home, such as at the local council's offices and are usually open to the public. If you are thinking of asking an Leasehold Valuation Tribunal to settle a disagreement, you may want to go along to see a hearing first. Your regional Leasehold Valuation Tribunal office will be able to tell you when and where a hearing involving a similar problem will take place.

What happens at a Leasehold Valauation Tribunal hearing?

You need to gather evidence before the hearing. The Leasehold Valuation Tribunal will make its decision based on the information you and the freeholder provide. Both sides will have the chance to present your side of the story. The Leasehold Valuation Tribunal will ask questions, and you will have the opportunity to question the freeholder and any witnesses. You will probably have to wait for several weeks after the hearing before a written decision comes through the post. Many Leasehold Valuation Tribunal's have waiting lists, so the whole process often takes up to a year.
 

Is the Leasehold Valuation Tribunal's decision enforceable?

Most freeholders will follow the Leasehold Valuation Tribunal's decision. If s/he refuses, the Leasehold Valuation Tribunal doesn't have the power to force her/him to comply with the decision but the decision is still binding and you can apply for a court order to force her/him to do so. If you are in this situation, you will probably need help from a solicitor.

What if I don't agree with the Leasehold Valuation Tribunal's decision?

If you think the Leasehold Valuation Tribunal's decision is wrong, you may be able to appeal. This is normally only possible if the Leasehold Valuation Tribunal acted unfairly, or didn't follow the correct procedures. You can't appeal just because you don't agree with the decision.

How much will a Leasehold Valuation Tribunal cost?

Application fees vary from £300 to £500. If you win, the Leasehold Valuation Tribunal may be able to order the freeholder to refund this. If you (or your partner) are on benefits, you may get a discount or may not have to pay any fees at all. If the problem affects more than one leaseholder, you can apply together and share the costs.

However, you may have to pay a surveyor, property manager and/or a solicitor. You can't usually claim these back. Some freeholders try to include her/his legal costs in future service charges. Check your lease to see if it says s/he can do this. If it does, ask the Leasehold Valuation Tribunal to make an order preventing her/him from doing so.

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

 

What rental yield should a landlord try to achieve?
Accelerated possession - Section 21 Notice
Non payment of rent
The Tenancy Deposit Scheme (TDS)
How to prepare a property inventory
Grounds for possession of a rental property
Fair wear and tear on a rental property?
Filling out a N5B form for possession
Landlord insurance advice
Letting to students
How do I choose the best tenant?
Should I use a letting agent?
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