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

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)(1) 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)(2), 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)(3) 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(4) (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(5) (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(6) (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.

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