The Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) Order 1997

Made: 28th July 1997

Coming into force: 1st September 1997

The Secretary of State for the Environment, in respect of applications to a leasehold valuation tribunal in England, and the Secretary of State for Wales, in respect of applications to a leasehold valuation tribunal in Wales, in exercise of the powers conferred by section 31B of the Landlord and Tenant Act 1985[^f00001] and section 24B of the Landlord and Tenant Act 1987[^f00002], and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) Order 1997 and shall come into force on 1st September 1997.

• (2) Unless the context otherwise requires, any expression in this Order—

• (a) where used in connection with a provision of the Landlord and Tenant Act 1985 has the same meaning as in that Act, and

• (b) where used in connection with the Landlord and Tenant Act 1987 has the same meaning as in that Act.

• (3) In this Order “tribunal” means a leasehold valuation tribunal.

Content of Applications

2

• (1) An application to a tribunal under section 19(2A) or (2B) of the Landlord and Tenant Act 1985 (determination of reasonableness of service charges)[^f00003] shall contain—

• (a) where the applicant is a tenant, the particulars specified in Part I of Schedule 1 to this Order; and

• (b) where the applicant is a landlord, the particulars specified in Part II of that Schedule.

• (2) An application to a tribunal under section 20C of the Landlord and Tenant Act 1985 (limitation of service charges: costs of proceedings)[^f00004], where such application is not made at the hearing, shall contain the particulars specified in Part III of that Schedule.

• (3) An application to a tribunal under paragraph 8 of the Schedule to the Landlord and Tenant Act 1985 (right to challenge landlord’s choice of insurers)[^f00005] shall contain the particulars specified in Part IV of that Schedule.

• (4) An application to a tribunal for an order under section 22(3) of the Landlord and Tenant Act 1987[^f00006] (preliminary notice by tenant) shall contain the particulars specified in Part I of Schedule 2 to this Order.

• (5) An application to a tribunal for an order under section 24(1) of the Landlord and Tenant Act 1987[^f00007] (appointment of manager by the tribunal) shall contain the particulars specified in Part II of that Schedule.

• (6) An application to a tribunal for an order under section 24(9) of the Landlord and Tenant Act 1987[^f00008] (variation or discharge of an order appointing a manager) shall contain the particulars specified in Part III of that Schedule.

• (7) An application to a tribunal for leave to appeal to the Lands Tribunal shall contain—

• (a) the name and address of the party seeking leave to appeal, and

• (b) where that party is represented, the name, address and occupation of his representative,

• (c) the names and addresses of the other parties to the application,

• (d) the date of the decision and any reference number, and

• (e) the grounds of appeal.

SCHEDULE 1 — CONTENTS OF APPLICATIONS UNDER THE LANDLORD AND TENANT ACT 1985

PART I — CONTENT OF TENANT'S APPLICATION FOR DETERMINATION OF REASONABLENESS OF SERVICE CHARGE

1

The particulars specified for the purposes of article 2(1)(a) are set out in paragraphs 2 to 12 below.

2

The address of the property to which the service charge which is the subject of the application relates.

3

A statement setting out whether the application is made under section 19(2A) or (2B), or both, and—

• (a) in respect of an application under section 19(2A)—

• (i) the costs incurred for services, repairs, maintenance, insurance or management, whether the applicant considers such costs to be reasonable and, if not, the applicant’s reasons,

• (ii) the services or works for which costs were incurred, whether the applicant considers such services or works to be of a reasonable standard and, if not, the applicant’s reasons, or

• (iii) the amount payable before costs are incurred, whether the applicant considers the amount is reasonable and, if not, the applicant’s reasons;

• (b) in respect of an application under section 19(2B)—

• (i) the costs to be incurred for services, repairs, maintenance, insurance or management of any specified description, whether the applicant considers them to be reasonable and, if not, the applicant’s reasons,

• (ii) the services to be provided or works to be carried out to a particular specification, whether the applicant considers such services or works would be of a reasonable standard and, if not, the applicant’s reasons, or

• (iii) the amount payable before costs are incurred and, if the applicant considers the amount unreasonable, the applicant’s reasons.

4

The name and address of the applicant and the name, address and occupation of the applicant’s representative, if any.

5

The name and address of the landlord and, if that address is not in England and Wales, an address in England and Wales at which notices may be served (if known to the applicant).

6

The name and address of every person known to the applicant who is or may be liable by way of service charge for any part of the expenditure which is or may be included in the service charge and, where a recognised tenants' association exists in respect of the property to which the service charge which is the subject of the application relates, the name and address of the secretary of the association.

7

A copy of the lease or other document under which the service charge is payable.

8

Either a copy of the disputed demand for payment of the service charge and a statement of the period to which it is attributable; or, if no such demand has been made, a copy of any notification specifying services which are to be provided or works which are to be carried out and, if known, the likely cost of such works or services.

9

The matters upon which the applicant intends to rely in support of his application; and where he intends to rely on any document, a copy of that document.

10

Whether the applicant intends to apply at the hearing for an order under section 20C of the Landlord and Tenant Act 1985 (limitation of service charges: costs of proceedings).

11

Whether the applicant claims a reduction or waiver of fees and, if so, the basis of the claim.

12

The date of the application.

PART II — CONTENT OF LANDLORD'S APPLICATION FOR DETERMINATION OF REASONABLENESS OF SERVICE CHARGE

PART III — CONTENT OF TENANT'S APPLICATION FOR AN ORDER UNDER SECTION 20C OF THE 1985 ACT

PART IV — CONTENT OF APPLICATION TO CHALLENGE LANDLORD'S CHOICE OF INSURERS

SCHEDULE 2 — CONTENTS OF APPLICATIONS UNDER PART II OF THE LANDLORD AND TENANT ACT 1987

PART I — CONTENT OF TENANT'S APPLICATION TO DISPENSE WITH SERVICE OF PRELIMINARY NOTICE

1

The particulars specified for the purposes of article 2(4) are set out in paragraphs 2 to 6 below.

2

The address of the property which is to be the subject of an application for an order under section 24 of the Landlord and Tenant Act 1987.

3

A statement setting out the grounds of the application to dispense with service of a preliminary notice, including in particular, details of the applicant’s attempts to ascertain the name and address of the landlord or an address in England and Wales at which a notice might be served.

4

The name and address of the applicant and the name, address and occupation of the applicant’s representative, if any.

5

The name and address of every person known to the applicant who is likely to be affected by the application, including but not limited to, the other tenants of flats contained in the property, any mortgagee or superior landlord of the landlord and, where a recognised tenants' association exists in respect of the property to which the application relates, the name and address of the secretary of the association.

6

The date of the application.

PART II — CONTENT OF TENANT'S APPLICATION FOR APPOINTMENT OF A MANAGER

7

A copy of the applicant’s lease of his dwelling.

8

Except in a case to which paragraph 9 applies—

• (a) a copy of the notice under section 22 of the Landlord and Tenant Act 1987 (preliminary notice by tenant) served by the applicant on the landlord; and

• (b) a copy of any document received by the applicant in response to that notice.

9

Where a tenant has made an application under section 22(3) of the Landlord and Tenant Act 1987 to dispense with the requirement to serve a notice under section 22 of that Act (preliminary notice by tenant) the application shall contain—

• (a) if the application under section 22(3) has not yet been determined, a copy of that application, or

• (b) if the application under section 22(3) has been determined the following information—

• (i) where the tribunal has given directions as to the service of other notices or the taking of other steps, a statement of the notices served or the other steps taken by the applicant in accordance with the tribunal’s direction; or

• (ii) where the tribunal has dispensed with service, a statement to that effect.

10

A statement of the grounds on which the tribunal will be asked to make an order under section 24 of the Landlord and Tenant Act 1987 and the matters that will be relied on by the applicant for the purpose of establishing those grounds.

11

Whether the application claims a reduction or waiver of fees and, if so, the basis of the claim.

12

The date of the application.

PART III — CONTENT OF APPLICATION TO VARY OR DISCHARGE ORDER APPOINTING A MANAGER

Signed

Signed by authority of the Secretary of State

Hilary Armstrong — Minister of State, — Department of the Environment, Transport and the Regions — 25th July 1997

R. Davies — Secretary of State for Wales — 28th July 1997

Explanatory note

(This note is not part of the Order)

This Order prescribes the particulars to be contained in applications to leasehold valuation tribunals under the Landlord and Tenant Act 1985 or the Landlord and Tenant Act 1987 where jurisdiction has been conferred on such tribunals by amendments to those Acts made by the Housing Act 1996. The particulars are prescribed in article 2 and Schedules 1 and 2 to this Order.

The particulars prescribed are:

• for a tenant’s application under section 19 of the 1985 Act (limitation of service charges: reasonableness), those in Part I of Schedule 1;

• for a landlord’s application under that provision, those in Part II of that Schedule;

• for an application under section 20C of that Act (limitation of service charges: costs of court proceedings), those in Part III of that Schedule;

• for an application under paragraph 8 of the Schedule to that Act (right to challenge landlord’s choice of insurers), those in Part IV of that Schedule;

• for an application under section 22(3) of Part II of the Landlord and Tenant Act 1987 (preliminary notice by tenant), those in Part I of Schedule 2;

• for an application under section 24(1) of that Act (appointment of manager by tribunal), those in Part II of that Schedule; and

• for an application under section 24(9) of that Act (application to vary or discharge an order appointing a manager), those in Part III of that Schedule.

• for an application for leave to appeal, those in article 2(7).

Footnotes

[^f00001]: 1985 c. 70. Section 31B was inserted by section 83(3) of the Housing Act 1996 (c. 52).

[^f00002]: 1987 c. 31. Section 24B was inserted by section 86(5) of the Housing Act 1996.

[^f00003]: Subsections (2A) and (2B) were inserted by section 83(1) of the Housing Act 1996.

[^f00004]: Section 20C was substituted by section 83(4) of the Housing Act 1996.

[^f00005]: The Schedule to the Landlord and Tenant Act 1985 was inserted by section 43 of the Landlord and Tenant Act 1987; paragraph 8 was substituted by section 83(2) of the Housing Act 1996.

[^f00006]: Section 22 was amended by section 86(2) of the Housing Act 1996.

[^f00007]: Section 24(1) was amended by section 86(2) of the Housing Act 1996.

[^f00008]: Section 24(9) was amended by section 86(2) of the Housing Act 1996.