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

PART I CONTENT OF TENANT'S APPLICATION FOR DETERMINATION OF REASONABLENESS OF SERVICE CHARGE(section 19(2A) and (2B) of the 1985 Act)

1.  The particulars specified for the purposes of article 2(1)(a) are set out in paragraphs 2 to 12 below.

2.  The address of the property to which the service charge which is the subject of the application relates.

3.  A statement setting out whether the application is made under section 19(2A) or (2B), or both, and—

(a) in respect of an application under section 19(2A)—

(i) the costs incurred for services, repairs, maintenance, insurance or management, whether the applicant considers such costs to be reasonable and, if not, the applicant’s reasons,

(ii) the services or works for which costs were incurred, whether the applicant considers such services or works to be of a reasonable standard and, if not, the applicant’s reasons, or

(iii) the amount payable before costs are incurred, whether the applicant considers the amount is reasonable and, if not, the applicant’s reasons;

(b) in respect of an application under section 19(2B)—

(i) the costs to be incurred for services, repairs, maintenance, insurance or management of any specified description, whether the applicant considers them to be reasonable and, if not, the applicant’s reasons,

(ii) the services to be provided or works to be carried out to a particular specification, whether the applicant considers such services or works would be of a reasonable standard and, if not, the applicant’s reasons, or

(iii) the amount payable before costs are incurred and, if the applicant considers the amount unreasonable, the applicant’s reasons.

4.  The name and address of the applicant and the name, address and occupation of the applicant’s representative, if any.

5.  The name and address of the landlord and, if that address is not in England and Wales, an address in England and Wales at which notices may be served (if known to the applicant).

6.  The name and address of every person known to the applicant who is or may be liable by way of service charge for any part of the expenditure which is or may be included in the service charge and, where a recognised tenants' association exists in respect of the property to which the service charge which is the subject of the application relates, the name and address of the secretary of the association.

7.  A copy of the lease or other document under which the service charge is payable.

8.  Either a copy of the disputed demand for payment of the service charge and a statement of the period to which it is attributable; or, if no such demand has been made, a copy of any notification specifying services which are to be provided or works which are to be carried out and, if known, the likely cost of such works or services.

9.  The matters upon which the applicant intends to rely in support of his application; and where he intends to rely on any document, a copy of that document.

10.  Whether the applicant intends to apply at the hearing for an order under section 20C of the Landlord and Tenant Act 1985 (limitation of service charges: costs of proceedings).

11.  Whether the applicant claims a reduction or waiver of fees and, if so, the basis of the claim.

12.  The date of the application.