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.