Commonhold and Leasehold Reform Act 2002 Explanatory Notes

Section 175: Appeals

305.Section 175 provides for appeals against LVT decisions.  Any party to proceedings before a LVT will be able to appeal to the Lands Tribunal.  The existing requirement that the person must have appeared before the LVT is removed.  But in all cases permission must be obtained from the LVT in the first instance or, if permission is refused, from the Lands Tribunal.  Existing provisions which prohibit an appeal against a LVT decision to the High Court and prevent a LVT from appealing against a Lands Tribunal decision are retained. Subsections (6) and (7) provide that, where a case involves an appeal against a decision made by a LVT, the Lands Tribunal cannot make an award of costs against a party to proceedings unless that party has acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the appeal.  The maximum costs will be limited to £500, or such other amount as may be specified in regulations.

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