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GUIDANCE ON PROCEDURE OF LEASEHOLD DISPUTES

This guidance is to tell landlords about the procedures followed by the Leasehold Valuation Tribunal. The types of cases dealt with are described in Part 2. The guidance does not tell you about the law which applies to your case. The Leasehold Valuation Tribunal is independent of the parties to an application and cannot give legal advice.

What is the Leasehold Valuation Tribunal?

The Leasehold Valuation Tribunal ( LVT) is the formal name given to the group of people who are appointed to make decisions on various types of dispute relating to residential leasehold property.

LVTs are part of the Residential Property Tribunal Service (RPTS). There are five regional offices in England. Their addresses and telephone numbers can be found at Annex B to this booklet. Information is also available on the RPTS national help line on 0845 600 3178 

Who will deal with a application?

From the time an application is made to the LVT, a number of different people will deal with the paperwork involved and the parties. These include the following:

The Clerks

The clerks are the administrative staff who will deal with correspondence and, if appropriate, the collection of fees. When you make an application, it is the clerk who receives the paperwork and checks that there is sufficient information for the application to go forward. The clerk will continue to deal with the paperwork until you have received a final decision in your case. The clerks are able to speak to you about the processes and procedures relating to your application. They cannot give general legal advice or advise you about the law relating to your application. Each Rent Assessment Panel has a Panel Secretary who is responsible for the work of the clerks. Their names are included at Annex B .

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The Tribunal Members

There are two types of member:

(1) The Chairman: he or she is appointed to be a Chairman by the Lord Chancellor. A Chairman may be a lawyer or a valuer (a surveyor who has expertise in valuation) . Exceptionally, the chairman may be a lay person. The Chairman is responsible for the smooth running of the proceedings and will write up the reasons for the Tribunal's decision.

(2) Other members: other members are appointed by the First Secretary of State. Again, they may be lawyers or valuers or lay people. Alternatively, they may have particular expertise which will assist in reaching a decision in your case.

The Panel President

Each Panel has a President who is responsible for the members and in particular, decides which members should be appointed to hear and decide a particular case. He or she will not be involved in the decision in your case unless they sit as a member of the Tribunal. Their names are given at Annex B .

What sort of cases does the LVT decide?

This booklet tells you about the LVT's procedure for dealing with service charges, dispensation with service charge consultation requirements, administration charges, applications under the right to manage, the appointment of managers, the variation of leases and estate charge cases. A brief description of each of these types of case is given in Part 2. If you are in doubt as to whether the LVT can deal with your case you should take independent legal advice from a solicitor, housing advisor or contact the:


Leasehold Advisory Service (LEASE)
70-74 City Road, London EC1Y 2BJ
Telephone: 020 7490 9580
www.LEASE-advice.org

or a Citizen's Advice Bureau.


In London there is also a free legal advice service at:

The Legal Advice Centre
The College of Law, London
Telephone: 020 7291 1230 

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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