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Part1 Guidance on Procedure
Part 2 The types of application
Part 3 Making an application
Part 4 How the LVT will process your application
Part5 The Hearing
Annex A - ODPM guidance
Annex B - Panel Information

Part One:  Guidance on Procedure

What will this Guidance tell me?

This guidance is to tell you 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. For this, you will need to refer to the guidance issued by the Office of the Deputy Prime Minister (ODPM) - see Annex A . 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 and at the RPTS website on www.rpts.gov.uk.

Who will deal with my 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 .

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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Part Two:  The Types of Application

Applications about service charges

What are service charges?

Service charges are sums of money payable by a tenant to a landlord for the costs of services, repairs, some improvements, maintenance or insurance or the landlord's costs of management under the terms of his/her lease.

Can the LVT make decisions about all aspects of a service charge?

The LVT can decide about all aspects of the liability to pay a service charge. It can decide by whom, to whom, how much and when a service charge is payable. A service charge is only payable insofar as it is reasonable. Therefore in deciding liability a tribunal also decides whether service charge costs are reasonable and whether the standard of any works for which the costs are charged is reasonable. Applications can be made either before or after service charge costs have been incurred. Applications are made under section 27A of the Landlord and Tenant Act 1985.

What is the LVT's power to dispense with service charge consultation requirements?

The law requires landlords to consult with tenants about expenditure for service charge costs in respect of works or in respect of the costs of long term agreements for services the cost of which exceeds prescribed limits. The consultation requirements are very detailed and are contained in section 20 of the Landlord and Tenant Act 1985 and associated regulations. An application may be made to the LVT to dispense with all or any of these requirements. An application to dispense with or to modify consultation may either be made before works are carried out. Alternatively an application can be made after or during works where a dispute about consultation has arisen. In either case the LVT can only make a determination to dispense if it is satisfied that it is reasonable to do so. Applications for dispensation are made under section 20ZA of the Landlord and Tenant Act 1985.

Applications about administration charges

What are administration charges?

Administration charges are payments by a tenant of residential property for:

(a) the grant of approvals or applications for approvals;
(b) in connection with the provision of information or documents;
(c) in respect of a failure to make a payment by the due date;
(d) in connection with a breach of a covenant or condition in the lease.

Administration charges can be variable or fixed. A variable charge is one that is neither specified in the lease (eg £50) nor is calculated in accordance with a formula specified in the lease.

Can the LVT make decisions about all aspects of administration charges?

The LVT can decide about all aspects of the liability to pay an administration charge. It can decide by whom, to whom, how much and when an administration charge is payable. A variable administration charge is only payable insofar as it is reasonable. Therefore in deciding liability to pay a variable administration charge, a tribunal also decides whether the costs are reasonable. Where the LVT is dealing with a fixed administration charge, it has the power to vary the lease on the ground that the charge specified or the formula by which the charge is calculated, is unreasonable. Applications are made under Schedule 11 of the Commonhold and Leasehold Reform Act 2002.

Applications about estate charges

What are charges under estate management schemes (estate charges)?

These are charges made under schemes which were created under section 19 of the Leasehold Reform Act 1967 or Chapter 4 of Part I and section 94(6) of the Leasehold Reform Housing and Urban Development Act 1993. Estate charges can be variable or fixed, A variable charge is one that is neither specified in the lease nor is calculated in accordance with a formula specified in the lease.

Can the LVT make decisions about all aspects of estate charges?

The LVT can decide about all aspects of the liability to pay estate charges. It can decide by whom, to whom, how much and when an estate charge is payable. A variable estate charge is only payable insofar as it is reasonable. Therefore in deciding liability to pay a variable estate charge, a tribunal also decides whether the costs are reasonable. Where the LVT is dealing with a fixed estate charge, it has the power to vary the lease on the ground that the charge specified or the formula by which the charge is calculated, is unreasonable. Applications are made under section 159 of the Commonhold and Leasehold Reform Act 2002.

Applications to Vary a Lease or Leases

What types of leases can the LVT vary?

The LVT has power to vary long leases of flats. A long lease is one which has been granted for a term exceeding 21 years. This is separate from the power to vary leases in relation to Administration and Estate charges which is dealt with above.

Can the LVT vary all and any type of provision in a lease?

No. The grounds for seeking a variation of a lease are set out in Part IV of the Landlord and Tenant Act 1987. If you are in doubt about whether the LVT can vary a lease you should take independent advice.

Who can apply for the variation of a lease?

Any party to a long lease of a flat may apply for the variation of a lease. Also, applications for variation may be made in respect of two or more flats where there is a consensus for that variation from the majority of parties to the leases. Furthermore, where the variation of one lease would affect other leases, then an application may be made to vary those other leases.

Must I notify any other person of my intention to apply for a variation?

Yes. If you wish to apply for a variation of a lease, you must give notice of the application to any person whom you know or have reason to believe may be affected by the variation. For example, this may include other tenants or any superior landlord or mortgagee. Those persons notified may apply to join in the proceedings as either applicants or respondents. If you are the respondent to an application for variation you also have a duty to notify persons who may be affected and who have not been notified by the applicant.

Must I provide the LVT with a draft of the variation I seek?

Yes. You must provide a draft of the wording of the variation. If the LVT decides that it will vary the lease it will either adopt that wording or substitute other wording as it considers appropriate.

Applications about the Right to Manage

What is the Right to Manage?

This is a right for tenants to take over the management of a property from the landlord without the need to show fault on the part of the landlord or any manager. The requirements to exercise the right are set out in Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002. The right is exercised through a right to manage company (RTM company)?

Can the LVT deal with all disputes under the Right to Manage?

No. The detailed procedures for exercising the right and for running an RTM company are relatively complex and are not dealt with in this guidance. However, the LVT can deal with the following applications:

(a) Applications by an RTM company for a determination that it was entitled to acquire the right to manage on the relevant date where the landlord disputes the entitlement;

(b) Applications by an RTM company for a determination that it is entitled to acquire the right to manage where the landlord is missing

(c) Applications by either the landlord or the RTM company for a determination of the amount of landlord’s cost incurred in association with the exercise of the right;

d) Applications by either the landlord or the RTM company for a determination of the amount of accrued uncommitted service charges to be paid by landlord/third party/manager to RTM company;

(e) Applications for a determination whether approval is to be given under terms of lease;

(f) Applications by an RTM company for a determination that the right may be exercised early

Applications to Appoint a Manager

What power does the LVT have to appoint a manager?

The LVT has the power to appoint a manager under section 24 of the Landlord and Tenant Act 1987 where it is satisfied that grounds to do so have been proved. Usually it is necessary to prove that there is fault with the management of the property, for example - a failure to carry out obligations under a lease; the charging of unreasonable service charges or a failure to comply with a Management Code of Practice issued by the RICS (Royal Institution of Chartered Surveyors).

Who can make an application to appoint a manager?

Applications can be made by a tenant or group of tenants or by a landlord.

Must I take any preliminary steps before I make an application?

Yes. An application to appoint a manager cannot be made unless a notice which complies with section 22 of the 1987 Act has been served. Exceptionally, the LVT has power to dispense with the service of this notice if it is satisfied that the grounds set out in section 22(3) apply.

Applications about insurance

Can the LVT deal with disputes about insurance?

Yes. The LVT can deal with insurance disputes in two circumstances:

(a) Where a lease requires that a tenant insures a property with an insurer nominated or approved by the landlord, the LVT may determine whether the insurance provided is unsatisfactory in any respect and/or whether the premiums payable are excessive;

(b) Where insurance is payable as part of a service charge, then the LVT can decide on its recoverability under the lease and its reasonableness.

When can I make an application to the LVT?

Applications about the liability to pay service charges, administration charges and estate management charges, the right to manage, appointment of a manager and variation of leases can be made from September 30, 2003. Applications about the dispensation of service charge consultation requirements can be made from October 31, 2003. There are some transitional provisions and if you are in any doubt about whether the LVT can deal with your application you may wish to take independent legal advice.
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Part Three:  Making an Application

How do I make an application to the LVT?

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 LVT?

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.

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Part Four:  How the LVT will process your Application

What happens after I have sent in my application form?

Your application will be acknowledged. If you do not receive an acknowledgement within 14 days of sending it, please contact the Panel office to make sure that it has arrived. Next, your application will be checked by a clerk to ensure that you have supplied sufficient information to enable the application to proceed. If important information is missing, the clerk may write to request that you send this to the panel office. A copy of your application will then be sent to any person named as a respondent on the application form.

How will the LVT deal with my case?

The LVT can decide cases either at a hearing, where applicants, respondents and their witnesses attend to give oral evidence and to explain their case in person. Alternatively, if all the parties and the LVT agree, the case can be decided without hearing and on the basis of a consideration of documents and written representations alone. If the LVT decide that the case requires a hearing, then the application can either be dealt with on the fast track or on the standard track.

What is the difference between the fast track and the standard track?

The fast track is used for cases which are relatively straightforward. This may be because they involve a simple dispute about a limited number of issues. On the other hand the standard track may be more appropriate for a complex dispute involving a large number of issues. For example in a service charge case, the fast track may be appropriate where an application concerns the payability of two or three items from one service charge year. By contrast, the standard track would be appropriate for a case where the payability of service charge costs over a number of years for numerous items of work and services was in dispute

How quickly will a case be decided on the fast track?

The LVT aims to decide fast track cases within 10 weeks of the receipt of an application, On the application form you will be asked to indicate whether you think that it would be appropriate to have your case dealt with on the fast track. Before you give this indication please bear in mind the following considerations:

(a) If the LVT agrees to deal with the case on the fast track you will be
required to provide all relevant documents and submissions within a
short period of time. You should therefore be sure that you can be
ready to deal with the case quickly;
(b) The case will be allocated for an LVT to hear the evidence and make
decision without a pre-trial review (please see the next chapter for a
further explanation of what a pre-trial review is);
(c) When you fill in the application form you should ensure that you
indicate any dates when you or your witnesses will not be available for
hearing within the following 1 0 weeks;
(d) You will be asked to pay your hearing fee (if applicable) of E150 at an
early stage. If you do not pay the fee within 14 days, the date for
hearing will be vacated and it will not be possible to guarantee that the
application will be decided within 1 0 weeks;
(e) If the case turns out to be more complicated than first anticipated, then
it may be reallocated to the standard track.

The LVT will take your preference to have the case fast tracked into account, but this will not be decisive. The decision on tracking will be made taking into account all the relevant circumstances including any information received from the respondent.

What will happen if the case is allocated to the standard track?

If the LVT decides that your case should be dealt with on the standard track, a Chairman will look at the papers provided and will decide whether a Pre-Trial Review (PTR) is necessary. If you are invited to a PTR it is strongly recommended that you attend. If a PTR is not arranged and you feel that you would benefit from a PTR hearing, you may write to the clerk and request one.

What is a Pre-Trial Review (PTR)?

This is a short hearing which all parties should attend. It is conducted by an LVT chairman, who may sit alone, or in some cases with either one or two other members. The PTR is a relatively informal hearing to try toidentify the issues in the case and to see if any part of the dispute can be resolved by agreement at that stage. It is NOT a hearing of the issues and the LVT will not make any final decision on the case. No hearing fee is payable for a PTR.

What happens at a PTR?

At the PTR the LVT will look at the application and the documents sent with it.
All parties will be given an opportunity to speak.

The purpose of the PTR is:

- To find out whether there is any prospect that the parties can settle any of their disagreements.

- To find out whether either party is able to make admissions about any part of the application. For example, a landlord may admit that part of a charge was excessive or a tenant might admit that part of a charge was reasonable. If so, it may not be necessary to go into the matters admitted any further at the hearing and time and costs may be saved. If any admissions are made, they will be recorded in writing for the LVT to use them at the hearing.

- To decide what further steps need to be taken to enable the application to come to a hearing.

- To decide if the application can conveniently be heard in conjunction with any others that deal with the same property/issues.

- To deal with any application made by any person who wants to join in the proceedings as a further party to them.

- To set out the ground rules to enable the application to be heard in an efficient manner.

After the PTR the LVT will give directions setting out the steps to be taken by the parties to deal with the points mentioned above.

What are Directions?

Directions are the orders made by the LVT which require the parties to take specified steps to ensure that all the necessary information about an application is provided.

The most common directions are to:

• Indicate what information will be required by the LVT for the full hearing.
• Provide written statements of your case. This is a document which sets out what is in dispute and a summary of the arguments in support of your case.
• Provide the other parties to the case with copies of documents which are relevant to the dispute.
• Try to agree with the other parties which documents will be used at the hearing of the application and collate these into a bundle. If no agreement can be reached each party will be asked to produce their own bundle of documents. The pages on a bundle of documents should be numbered for ease of reference.
• Include expert evidence in a report ( see below ).
• Include in appointment of manager cases a requirement that the proposed new manager attend the full hearing so that the LVT can ascertain whether he / she would be an appropriate person to appoint.

The directions will also set out a timetable for the full hearing of the application and often fixes a time for the LVT to inspect the property.

Will I need an expert to help me with my case?

This depends on the type of case. Expert evidence is sometimes needed where the dispute involves very technical matters. Experts are not always required and this is something you may wish to discuss at the PTR. If expert evidence is required then the expert will be asked to produce a report which sets out the evidence that they will give at the hearing of the application. If both parties intend to call expert evidence on a particular issue, the experts will be asked to exchange their reports and probably they will also be asked to meet before the hearing to find out if any aspects of the matter can be agreed. It may be possible to agree jointly to instruct one single independent expert.

How does the LVT set a time-table for the hearing of a case?

The LVT will give time limits for complying with the directions. At the PTR it will be possible to discuss how much time should be given for each stage of the directions. It is vital that the timetable is adhered to. Any failure to comply with the directions may prejudice a party's case and in particular the LVT may give less weight to evidence which is late or which takes another party by surprise. At the PTR the LVT may also give a date for the final hearing of the case. In order to set a date it is necessary for an estimate to be made of how long the final hearing is likely to last.

This process is assisted if parties are able to give an indication of how many witnesses they might be calling and how long their evidence is likely to last. The LVT may also decide that an inspection of the property is necessary and if so, will also include this in the directions.

Can the date of the final hearing be changed?

A hearing before the LVT should take priority over other engagements. Once the date has been fixed and the parties notified, the LVT will not permit a postponement unless a very good reason has been shown. This is necessary in the interest of justice to all parties and to ensure the efficient use of resources generally. If you wish to apply for a postponement you should send in a written request. You should send a copy of the request to all of the other parties to the application. You will be notified in writing whether or not a postponement has been granted.

When does the hearing fee have to be paid?

The hearing fee must be paid within 14 days of invoice. For cases on the standard track, the invoice will be sent out following directions specifying the date of hearing. If the fee remains unpaid for a further month, the application will be treated as having been withdrawn

May other parties join the application?
Other people who have an interest in the application may apply to be joined as applicants or respondents. The LVT has a discretion whether to allow parties to join in this way.

Are there any further hearings before the full hearing?

The LVT can arrange for there to be further PTR hearings. This can follow the request of one or more of the parties or because the LVT considers it necessary. In addition the LVT can arrange for there to be a preliminary hearing.

What is a preliminary hearing?

In exceptional cases, the LVT may be concerned that they do not have the power to deal with all or some of the issues raised by the applicant. In such a case, a preliminary hearing will be arranged at which the parties will be given the opportunity to make representations. Following the preliminary hearing, the LVT will give a written decision on whether it has power to proceed and, if so, it will issue directions similar to those given at a PTR. No hearing fee is payable for a preliminary hearing.

Can I withdraw my application ?

If you are the applicant you can withdraw all or part of your application if you no longer wish to proceed. In this case you should notify the LVT in writing and you should copy your letter to all other parties.

What procedure does the LVT follow to determine cases on consideration of papers alone?

If all the parties agree and the LVT considers it to be appropriate, then cases can be determined without the need for a hearing. Paper considerations will usually be suitable for simple cases. However, there is no reason in principle why they should not also be used for more complicated cases, in particular where for example, the issues do not involve decisions on contested evidence. Where it has been directed that a case can be determined on consideration of the papers alone, the parties will be asked to provide all of the documentation by a specified date. A hearing fee is not required. An LVT will then be asked to consider the case. In some circumstances further information may be requested. Once the LVT has reached itsdetermination, a decision will be sent to the parties and the rights of appeal, set out in Part 4 of this booklet will apply to that decision.

What steps can the LVT take to decide urgent cases?

Where it is important that a case is decided as a matter of real urgency (eg. because the health, safety or welfare of a tenant is at risk), then you should notify the Panel office of the urgency and the reason for this. In exceptional circumstances the tribunal can arrange a hearing at very short notice and if necessary a decision on an application can be given within a matter of days.

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Part Five:  The Hearing and Decision

What happens at the full hearing?

The full hearing is when the issues are heard and decided. In Panels outside London, arrangements will be made for the hearing to take place at a local venue. In London hearings are usually held at the Panel office. The proceedings are orderly but informal. Each party is given an adequate opportunity to explain their case. Usually, the applicant will present his/ her case first and the respondent will follow afterwards. The LVT will include a Chairman and one or two other members. The LVT will be careful to make sure that both parties have a fair hearing and put the points they want to make. The LVT is not there, however, to make either party's case for them.

Will I be allowed to ask questions at the hearing?

Yes. Either party will be able to ask the other about their case if present. The LVT members may also ask questions. For example, a tenant must expect to be asked to explain why an element of the service charge is unreasonable. Similarly, a landlord may be asked to say why an element of the service charge is reasonable or explain why an action taken in managing a property was one that a manager ought properly to have taken.

What happens when the Tribunal carries out an inspection?

The LVT may want to inspect the property to familiarise itself with it. Usually, the inspection is held on the morning of the hearing. In some cases the LVT will arrange for an inspection during or at the end of the hearing. The parties are entitled to attend the inspection and to draw the attention of the LVT to any physical aspect of the property that they wish them to see, but not to make any representations; those must be kept for the hearing. Usually the LVT will need to inspect the exterior of the property and the common parts.

When will I know the LVT s decision?

Occasionally an LVT will let the parties know the decision at the end of the hearing. Usually however the LVT will issue a document containing its decision and the reasons for it after the hearing and usually within six weeks. In cases where the application has been referred to the LVT from the County Court, then a copy of the decision will also be sent to the County Court.

Can the LVT order one party to pay the other party's costs?

No. Each party has to pay its own costs. Some leases allow a landlord to recover legal costs as part of the service charge. The LVT has the power to make an order preventing a landlord from taking this step. When filling in an application form, tenants are asked if they want the LVT to consider making such an order. In addition any applicant, whether a landlord or tenant, can ask the LVT to order the other party to reimburse the whole or part of any fees that have been paid to the LVT.

If I am unhappy with the LVT's decision, how do I appeal?

Any party can appeal an LVT decision to the Lands Tribunal. Permission to appeal must be given by either the LVT concerned or the Lands Tribunal. Any application for permission ( leave) to appeal must be made to the LVT within 21 days of the date the decision was issued to the parties, although the LVT has power to extend that time in exceptional cases. The Lands Tribunal will not accept any application for leave to appeal unless leave has first been refused by the LVT. Following a refusal of leave by the LVT, parties have 28 days to seek leave from the Lands Tribunal. The LVT cannot reconsider its own decision.

If I am unhappy with the administration of my case, to whom should I complain?

If you have a complaint about the administration of your case you should write to the President of the LVT. If you remain dissatisfied after receiving a reply from the President you can take the matter further by writing to:

The Senior President
RPTS
10 Alfred Place
London
WC1E 7LR

The complaint will then be referred to a committee constituted from the RPTS Management Board. A fully reply will follow within 28 working days, or you will be advised of any delay. You are also entitled to ask your MP to request the Parliamentary Commissioner for Administration (the Ombudsman) to investigate your complaint.

Does the Human Rights Act apply to the LVT s proceedings?

Yes. Parties to an application are entitled to the benefit of the provisions of the Human Rights Act 1998. In effect, this entitles them to have their case determined in accordance with the European Convention on Human Rights. Of particular relevance is Article 6 of the Convention which provides that parties have the right to a fair hearing within a reasonable time and before an impartial tribunal. This includes their right to put their case and to question the case brought by the other party and to be given reasons for the decision of the LVT. Also relevant is Article 8, which provides that everyone has the right to respect for his private life, his home and his correspondence any internal inspection of the property will only be undertaken with the consent of the occupier. In making their decisions, LVTs are obliged to have regard to he rights embodied in the Convention and where possible to interpret legislation consistently with those rights.

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Annex A:  ODPM guidance

The booklets available from the ODPM include:
Long Leaseholder (97 HC 186)
Applying to a Leasehold Valuation Tribunal (97 HC 200)

A full list of booklets and copies of each are available from:
ODPM Free Literature
PO Box No 236, Wetherby LS23 7NB

Telephone: 0870 1226236
Facsimile: 0870 1226237
Text phone: 0870 1207405
E-mail: odpm@twoten.press.net

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Annex B: Panel information

Northern Rent Assessment Panel
President: Martin Davey LLB
Panel Secretary: Marj Foster and Alison Lomax ( job share)
20th Floor, Sunley Tower, Piccadilly Plaza, Manchester M1 4BE

Telephone: 0845 1002614
Facsimile: 0161 237 3656

Midland Rent Assessment Panel
President: Simon Duffy
Panel Secretary: Maureen McCabe
2nd Floor, East Wing, Ladywood House,
45-46 Stephenson Street, Birmingham B2 4DH

Telephone: 0845 1002615
Facsimile: 0121 643 7605

Eastern Rent Assessment Panel
President: Bruce Edgington
Panel Secretary: Ann Oates
Great Eastern House, Tenison Road, Cambridge CB1 2TR

Telephone: 0845 1002616
Facsimile: 01223 505116

London Rent Assessment Panel
President: Siobhan McGrath
Panel Secretary: Donald Brown
10 Alfred Place, London WC1E 7LR

Telephone: 020 7446 7700
Facsimile: 020 7637 1250

Southern Rent Assessment Panel
President: Robert Long
Panel Secretary: Terry Pinker
1st Floor, 1 Market Avenue, Chichester PO19 1JU

Telephone: 0845 1002617
Facsimile: 01243 779389

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