The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

The jurisdiction of leasehold valuation tribunals is extended by the Housing Act 1996 to include applications under the new section 8C of the Landlord and Tenant Act 1987 (“the 1987 Act”). Leasehold valuation tribunals also have jurisdiction to determine questions arising under section 13 of the 1987 Act which is amended by the Housing Act 1996.

Regulation 2(a) of these Regulations amends the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993 by substituting, for the reference in regulation 2 (interpretation) of those Regulations to section 13 of the 1987 Act, a reference to the new section 13.

Regulation 2(b) adds paragraph 15A to Schedule 1 to those Regulations. The new paragraph relates to applications to the tribunal under the new section 8C(4) of the 1987 Act, which may be made where a landlord has offered to dispose of property for a consideration that does not consist, or does not wholly consist, of money, and has received a notice indicating an intention to accept that offer. The tribunal may be asked to determine the equivalent monetary value of the non-monetary consideration so that, as section 8C(4) provides, that consideration may be treated for the purposes of sections 11 to 17 of the 1987 Act as an amount in money. The particulars to be provided to the tribunal in accordance with the new paragraph 15A are of the non-monetary consideration.