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

Article 2(4) to (6)

SCHEDULE 2 CONTENTS OF APPLICATIONS UNDER PART II OF THE LANDLORD AND TENANT ACT 1987

PART I CONTENT OF TENANT'S APPLICATION TO DISPENSE WITH SERVICE OF PRELIMINARY NOTICE(section 22(3) of the 1987 Act)

1.  The particulars specified for the purposes of article 2(4) are set out in paragraphs 2 to 6 below.

2.  The address of the property which is to be the subject of an application for an order under section 24 of the Landlord and Tenant Act 1987.

3.  A statement setting out the grounds of the application to dispense with service of a preliminary notice, including in particular, details of the applicant’s attempts to ascertain the name and address of the landlord or an address in England and Wales at which a notice might be served.

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 every person known to the applicant who is likely to be affected by the application, including but not limited to, the other tenants of flats contained in the property, any mortgagee or superior landlord of the landlord and, where a recognised tenants' association exists in respect of the property to which the application relates, the name and address of the secretary of the association.

6.  The date of the application.

PART II CONTENT OF TENANT'S APPLICATION FOR APPOINTMENT OF A MANAGER(section 24(1) of the 1987 Act)

1.  The particulars specified for the purposes of article 2(5) are set out in paragraphs 2 to 12 below.

2.  The address of the property which is the subject of the application.

3.  A statement setting out—

(a) the grounds of the application for an order to appoint a manager,

(b) the name, address and qualifications of the person it is desired to be appointed manager of the premises, and

(c) the functions which it is desired that the manager should carry out.

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 respondent 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 likely to be affected by the application, including, but not limited to, the other tenants of flats contained in the property, any mortgagee or superior landlord of the landlord and, where a recognised tenants' association exists in respect of the property to which the application relates, the name and address of the secretary of the association.

7.  A copy of the applicant’s lease of his dwelling.

8.  Except in a case to which paragraph 9 applies—

(a) a copy of the notice under section 22 of the Landlord and Tenant Act 1987 (preliminary notice by tenant) served by the applicant on the landlord; and

(b) a copy of any document received by the applicant in response to that notice.

9.  Where a tenant has made an application under section 22(3) of the Landlord and Tenant Act 1987 to dispense with the requirement to serve a notice under section 22 of that Act (preliminary notice by tenant) the application shall contain—

(a) if the application under section 22(3) has not yet been determined, a copy of that application, or

(b) if the application under section 22(3) has been determined the following information—

(i) where the tribunal has given directions as to the service of other notices or the taking of other steps, a statement of the notices served or the other steps taken by the applicant in accordance with the tribunal’s direction; or

(ii) where the tribunal has dispensed with service, a statement to that effect.

10.  A statement of the grounds on which the tribunal will be asked to make an order under section 24 of the Landlord and Tenant Act 1987 and the matters that will be relied on by the applicant for the purpose of establishing those grounds.

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

12.  The date of the application.

PART III CONTENT OF APPLICATION TO VARY OR DISCHARGE ORDER APPOINTING A MANAGER(section 24(9) of the 1987 Act)

1.  The particulars specified for the purposes of article 2(6) are set out in paragraphs 2 to 11 below.

2.  The address of the property which is the subject of the application.

3.  A statement that the purpose of the application is to seek to vary or discharge an order under section 24 of the Landlord and Tenant Act 1987 (appointment of manager).

4.  A copy of the order which the applicant seeks to vary or discharge.

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

6.  Where the application is made by the landlord of the premises the name and address (where known to the landlord) of every respondent which shall include every tenant of the premises.

7.  Where the application is by a tenant, the name and address of the respondent landlord or the office 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 tenant).

8.  The name of every person known to the applicant who is likely to be affected by the application, including but not limited to, the tenants (or, in the case of a tenant’s application, the other tenants) of flats contained in the property, any mortgagee or superior landlord of the landlord and, where a recognised tenants' association exists, the name and address of the secretary of the association.

9.  A statement of the grounds on which the tribunal will be asked to vary or discharge the order and the matters which will be relied upon by the applicant in establishing those grounds; and where the applicant intends to rely on any document, a copy of that document.

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

11.  The date of the application.