The Leasehold Valuation Tribunals (Fees) Order 1997

Article 4

SCHEDULE FEES FOR HEARINGS

Service charge determinations

1.—(1) Subject to paragraphs 4 and 5, the fee for a hearing to determine the reasonableness of a service charge under section 19(2A) or (2B) of the 1985 Act (or both those subsections), whether in consequence of an application to a tribunal under that section or a transfer from a county court under section 31C of the Act, shall be—

(a) £150 where no part of the service charge relates to more than five dwellings,

(b) £250 where no part of the service charge relates to fewer than six dwellings or more than 10 dwellings, and

(c) £350 where no part of the service charge relates to fewer than eleven dwellings.

(2) In any case where the number of dwellings to which the application relates varies in respect of any part of the service charge, the hearing fee shall be that specified in whichever of paragraphs (a) to (c) above would apply in respect of the greatest number of dwellings.

Appointment of a manager

2.  Subject to paragraphs 4 and 5, the fee for a hearing in respect of an application for an order under section 24(1) of the 1987 Act for the appointment of a manager shall be—

(a) £150 where the property in respect of which the application for an order is made consists of not more than five dwellings,

(b) £250 where the property consists of more than five dwellings but not more than 10 dwellings, and

(c) £350 where the property consists of more than 10 dwellings.

Challenge to landlord’s choice of insurers

3.  Subject to paragraphs 4 and 5, the fee for a hearing of a tenant’s challenge to a landlord’s choice of insurer under paragraph 8 of the Schedule to the 1985 Act (right to challenge landlord’s choice of insurers), whether in consequence of an application to a tribunal under that paragraph or a transfer from a county court under section 31C of that Act, shall be £150.

Hearings of more than one application

4.—(1) Where a tribunal has determined that it would be just and convenient to hear at the same time two or more applications relating to—

(a) section 19 of the 1985 Act,

(b) paragraph 8 of the Schedule to the 1985 Act, or

(c) section 24 of the 1987 Act,

only one hearing fee shall be payable which shall be the greater of the hearing fees as prescribed by paragraphs 1 to 3 in respect of each of the applications which are to be heard together.

(2) Where the number of dwellings in premises to which each separate application relates is different, the hearing fee shall be calculated with reference to the application relating to the greater number of dwellings.

Representative applications and applications heard with representative applications

5.—(1) Where a tribunal proposes to hear an application as a representative application, the hearing fee shall be the fee specified for the application.

(2) In any case where an application is to be heard with a representative application the applicant shall not be required to pay a separate hearing fee but shall pay a proportion of the fee for the hearing of the representative application in accordance with article 6(4).

(3) In any case where only part of an application is the same or substantially the same as a representative application, or where only part of an application is heard as a representative application, the fee for the hearing of the remaining part shall be the appropriate fee for that particular provision as specified in paragraphs 1 to 4 reduced by the amount paid by the applicant in respect of the hearing of the representative application.