Appeals from Leasehold Valuation Tribunals (Lvt’s)

Right of appeal and need for permission to appeal

A party to proceedings before an Leasehold Valuation Tribunal may appeal to the Lands Tribunal under section 175 of the Commonhold and Leasehold Reform Act 2002 from a decision of the Leasehold Valuation Tribunal.

Permission to appeal is required in all cases –

Where the Leasehold Valuation Tribunal grants permission to appeal

Permission must first be sought from the Leasehold Valuation Tribunal concerned. If the Leasehold Valuation Tribunal grants permission, notice of appeal must be given to the Registrar of the Lands Tribunal within 28 days of the grant of permission to appeal. This time limit may be extended, but no extension will be granted unless there is justification for it. The permission to appeal form  should be completed and sent or delivered to the Lands Tribunal together with a copy of the disputed decision and a copy of the Leasehold Valuation Tribunal’s decision granting leave to appeal.

Where the Leasehold Valuation Tribunal refuses permission to appeal

If the Leasehold Valuation Tribunal refuses permission to appeal, application for permission may be made to the Lands Tribunal within 14 days of the Leasehold Valuation Tribunal decision refusing permission. This time limit may be extended but no extension will be granted unless there is justification for it. The application on the permission to appeal form  must set out the grounds of appeal and the reasons for the application for leave to appeal. The applicant must satisfy the Tribunal that permission to appeal should be given, so the reasons should be set out fully. The application must also be accompanied by a copy of the decision against which leave to appeal is sought and a copy of the refusal of leave to appeal by the Leasehold Valuation Tribunal.

On receiving an application for permission to appeal, the Tribunal sends a copy of the application to each respondent and informs the applicant of the date this was done. Respondents are informed of the time limit within which any written representations must be made. The Tribunal considers any representations received and the applicant’s reasons for the application before deciding whether to grant permission. Only in special circumstances is a hearing be held. If the Tribunal grants permission, it may do so on such conditions as it thinks fit.

Approach of the Lands Tribunal to the granting of permission

On the permission form the applicant must specify that their reasons for making the application fall within one or more of the following grounds:

• The decision shows that the Leasehold Valuation Tribunal wrongly interpreted or wrongly applied the relevant law.
• The decision shows that the Leasehold Valuation Tribunal wrongly applied or misinterpreted or disregarded a relevant principle of valuation or other professional practice.
• The Leasehold Valuation Tribunal took account of irrelevant considerations, or failed to take account of relevant consideration or evidence, or there was a substantial procedural defect.

The point or points at issue is or are of potentially wide implication.

Reasons other than set out above

In general permission to appeal will only be granted if it appears to the Tribunal that there are reasonable grounds for concluding that the decision of the Leasehold Valuation Tribunal may have been wrong for one or more reasons (a), (b) and (c), or if the point or points at issue are of potentially wide implication (reason (d)). The applicant for leave must satisfy the Tribunal on one or more of these reasons or establish under reason (e) that there are other reasons why permission should be given.

Procedure on appeal of Leasehold Valuations Tribunals

Part III and Part VIII of the Lands Tribunal Rules 1996 set out the procedure relating to appeals. How the rules are applied is set out in the Practice directions. Where an application for permission has been made and leave has been granted the application will be treated as the appellant’s notice of appeal for the purposes of Rule 6; and where a potential respondent has made representations in relation to the application, those representations will be treated as a notice of intention to respond for the purposes of Rule 7. Except in cases where the simplified procedure is followed under Rule 28, the appellant will be required to serve a statement of case and each respondent will be required to serve a reply: see Rule 8.

APPEALS FROM RESIDENTIAL PROPERTY TRIBUNALS (RPT’s)

1. Right of appeal and need for permission to appeal

A party to proceedings before a Residential Property Tribunal (RPT) may appeal to the Lands Tribunal under section 231 of the Housing Act 2004 from a decision of the Residential Property Tribunal. Permission to appeal is required in all cases.

2. Where the Residential Property Tribunal grants permission to appeal

Permission must first be sought from the Residential Property Tribunal concerned. If the Residential Property Tribunal grants permission, notice of appeal must be given to the Registrar of the Lands Tribunal within 28 days of the grant of permission to appeal. This time limit may be extended, but no extension will be granted unless there is justification for it. The time limit may be shortened in appropriate cases by an urgency direction. The appeal form

should be a completed and sent or delivered to the Lands Tribunal together with a copy of the disputed decision and a copy of the Residential Property Tribunal’s decision granting leave to appeal.

3. Where the Residential Property Tribunal refuses permission to appeal

If the Residential Property Tribunal refuses permission to appeal, application for permission may be made to the Lands Tribunal within 14 days of the decision of the Residential Property Tribunal to refuse permission. This time limit may be extended, but no extension will be granted unless there is justification for it. The application on the permission to appeal form must set out the grounds of appeal and the reasons for the application for leave to appeal. The applicant must satisfy the Tribunal that permission to appeal should be given, so the reasons should be set out fully. A copy of the decision against which leave to appeal is sought and a copy of the refusal of leave to appeal by the Residential Property Tribunal must be included with the application.

4. Approach of the Lands Tribunal to the granting of permission

On receiving an application for permission to appeal, the Tribunal sends a copy of the application to each respondent and informs the applicant of the date this was done. Respondents are informed of the time limit within which any written representations must be made. The Tribunal considers any representations received and the applicant’s reasons for the application before deciding whether to grant permission. Only in special circumstances is a hearing be held. If the Tribunal grants permission, it may do so on such conditions as it thinks fit.

On the application form the applicant must specify that their reasons for making the application fall within one or more of the following grounds:

• The decision shows that the Residential Property Tribunal wrongly interpreted or wrongly applied the relevant law.
• The decision shows that the Residential Property Tribunal wrongly applied or misinterpreted or disregarded a relevant principle of valuation or other professional practice.
• The Residential Property Tribunal took account of irrelevant considerations, or failed to take account of relevant consideration or evidence, or there was a substantial procedural defect.
• The point or points at issue is or are of potentially wide implication.

 Reasons other than set out above.

In general permission to appeal will only be granted if it appears to the Tribunal that there are reasonable grounds for concluding that the decision of the Residential Property Tribunal may have been wrong for one or more reasons (a), (b) and (c), or if the point or points at issue are of potentially wide implication (reason (d)). The applicant for leave must satisfy the Tribunal on one or more of these reasons or establish under reason (e) that there are other reasons why permission should be given.

 5. Procedure on appeal

Part III and Part VIII of the Lands Tribunal Rules 1996 set out the procedure relating to appeals. How the rules are applied is set out in the Practice directions . Where an application for permission has been made and leave has been granted the application will be treated as the appellant’s notice of appeal for the purposes of Rule 6; and where a potential respondent has made representations in relation to the application, those representations will be treated as a notice of intention to respond for the purposes of Rule 7. Except in cases where the simplified procedure is followed under Rule 28, the appellant will be required to serve a statement of case and each respondent will be required to serve a reply: see Rule 8.

6. Urgency directions

For appeals from an Leasehold Valuation Tribunal an urgency direction may be issued to shorten the time limits that otherwise apply to for giving notice to the Registrar of an intention to appeal when permission to appeal has been granted by the Residential Property Tribunal, for filing and serving a notice of intention to respond, for filing and serving a statement of case, and for filing and serving a reply to a statement of case. An urgency direction may also permit the application to the Leasehold Valuation Tribunal for permission to appeal to stand as notice to the Registrar of the Lands Tribunal of an intention to appeal.

An urgency direction may be made by the Tribunal acting on its own initiative or on application by a party. Where the Tribunal proposes making an urgency direction, it will give notice in writing to the parties setting out the proposed direction or directions and will invite written representations on the proposal from the parties. The Tribunal may set a time period within which any such representations are to be made.

If you wish to apply for an urgency direction a written application must be made in which the title of the proceedings and the ground upon which the application is made are set out. You should send a copy of the application to the other parties to the case and inform the Tribunal that you have done so. If you have the consent of the other parties to the application, consents signed by or on behalf of the other parties must accompany your application that is made with the consent of all parties.

In cases where the prior consent of the other parties has not been obtained, upon receipt of your application, the Tribunal will invite written representations on the application the other parties to be given within a set time period. The Tribunal may not invite representations from the other parties if, having considered the grounds upon which the application is made, decides to refuse the application.

The Tribunal will reach a decision taking all written representations into account. An urgency direction will not be made unless the Tribunal is satisfied that it is in the interests of justice to do so.