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

PART II CONTENT OF LANDLORD'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)(b) are set out in paragraphs 2 to 10 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 and the applicant’s reasons for considering such costs reasonable,

(ii) the services or works for which costs were incurred and the applicant’s reasons for considering the services or works to be of a reasonable standard, or

(iii) the amount payable before costs are incurred and the applicant’s reasons for considering such amount reasonable;

(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 and the applicant’s reasons for considering such costs reasonable.

(ii) the services to be provided or works to be carried out to a particular specification and the applicant’s reasons for considering that such services or works would be of a reasonable standard, or

(iii) the amount payable before costs are incurred which the applicant considers would be reasonable and 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 (where known to the applicant) of each respondent and each other person who is or may be liable by way of service charge for any part of the expenditure charged for in a service charge and the total number of dwellings in respect of which the same or substantially the same service charge is payable and where a recognised tenants' association exists in respect of the property to which the service charge relates, the name and address of the secretary of the association.

6.—(1) Subject to sub-paragraph (2), a copy of the lease or leases, or other document under which the service charge is payable and any demand for payment of the disputed service charge showing—

(a) in the case of an application where a demand for payment of a service charge has been made, the amount of the service charge, the individual items included in the charge and the date when payment is due;

(b) in the case of an application where a service charge or a demand for payment of the service charge has not yet been made—

(i) the amount, or likely amount, to be included in the service charge,

(ii) the individual items or estimated individual items to be included in the charge, and

(iii) the date when such amount will, or may, be due for payment.

(2) Where the application relates to more than one dwelling and the leases or other documents and the demands for payment of the service charge for each such dwelling are in the same or substantially the same terms, the applicant need not provide such documents for each dwelling providing that the applicant does provide a specimen lease or other document and demand for payment accompanied by a statement—

(a) specifying those respects in which such documents differ from the corresponding documents for all the other dwellings concerned in the application, and

(b) confirming that in all other respects such documents are the same.

7.  A breakdown of the amount of such of the costs incurred or, as the case may be, to be incurred for services, repairs, maintenance, insurance or management as together comprise the service charge, so as to show how the service charge and each element of it is calculated.

8.  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.

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

10.  The date of the application.