The Leasehold Valuation Tribunals (Procedure) (Wales) Regulations 2004

Regulation 3

SCHEDULE 1 Descriptions of Applications

Enfranchisement and extended leases

1.  Applications under —

(a) section 21 of the Leasehold Reform Act 1967(1);

(b) section 13 of the 1987 Act;

(c) section 31 of that Act;

(d) section 24 of the 1993 Act;

(e) section 25 of that Act;

(f) section 27 of that Act;

(g) section 48 of that Act;

(h) section 51 of that Act;

(i) section 88 of that Act;

(j) section 91 of that Act;

(k) section 94 of that Act; and

(l) paragraph 2 of Schedule 14 to that Act.

Service Charges, administration charges and estate charges

2.  Applications under —

(a) section 20ZA of the 1985 Act(2);

(b) section 27A of that Act(3);

(c) paragraph 8 of the Schedule to that Act(4);

(d) section 159 of the 2002 Act;

(e) paragraph 3 of Schedule 11 to that Act; and

(f) paragraph 5 of Schedule 11 to that Act.

Estate management schemes

3.  Applications under Chapter 4 of Part 1 to the 1993 Act.

Right to manage

4.  Applications under —

(a) section 84 of the 2002 Act;

(b) section 85 of that Act;

(c) section 88 of that Act;

(d) section 94 of that Act;

(e) section 99 of that Act; and

(f) paragraph 5 of Schedule 6 to that Act.

Appointment of a manager

5.  Applications under —

(a) section 22 of the Landlord and Tenant Act 1987; and

(b) section 24 of that Act.

Variation of leases

6.  Applications under Part 4 of the 1987 Act.

Cost of proceedings

7.  Applications under section 20C of the 1985 Act.

Regulation 3

SCHEDULE 2 Particulars of Applications

Enfranchisement and extended leases

1.—(1) A copy of any notice served in relation to the enfranchisement.

(2) The name and address of the freeholder and any intermediate landlord.

(3) The name and address of any person having a mortgage or other charge over an interest in the premises the subject of the application held by the freeholder or other landlord.

(4) Where an application is made under section 21(2) of the Leasehold Reform Act 1967(5), the name and address of the sub-tenant, and a copy of any agreement for the sub-tenancy.

(5) Where an application is made under section 13 of the 1987 Act(6), the date on which the landlord acquired the property and the terms of acquisition including the sums paid.

Service charges, administration charges and estate charges

2.—(1) Where an application is made under section 27A of the 1985 Act, the name and address of the secretary of any recognised tenants' association.

(2)  Where an application is made under paragraph 3 of Schedule 11 to the 2002 Act, a draft of the proposed variation.

(3) A copy of the lease or, where appropriate, a copy of the estate management scheme.

Estate management charges

3.—(1) A copy of any estate management agreement or the proposed estate management scheme.

(2) A statement that the applicant is either —

(a) a natural person;

(b) a representative body within the meaning of section 71(3) of the 1993 Act; or

(c) a relevant authority within the meaning of section 73(5) of that Act.

(3) Where an application is made under section 70 of the 1993 Act, a copy of the notice given by the applicant under section 70(4) of that Act.

(4) Where —

(a) approval is sought for a scheme;

(b) approval is sought to modify the area of an existing scheme; or

(c) approval is sought to vary an existing scheme,

a description of the area of —

(i) the proposed scheme;

(ii) the proposed modification; or

(iii) the proposed variation,

including identification of the area by a map or plan.

(5) Where an application is made under section 70 of the 1993 Act, a copy of any consent given by the National Assembly for Wales under section 72(1) of that Act.

Right to manage

4.—(1) The name and address for service of the RTM company (within the meaning of Chapter 1 of Part 2 of the 2002 Act)(7).

(2) The name and address of the freeholder, any intermediate landlord and any manager.

(3) A copy of the memorandum and articles of association of the RTM company.

(4) Where an application is made under section 84(3) of the 2002 Act, a copy of the claim notice and a copy of the counter notice received.

(5) Where an application is made under section 85(2) of the 2002 Act —

(a) a statement that the requirements of sections 78 and 79 of the 2002 Act are fulfilled;

(b) a copy of the notice given under section 85(3) of the 2002 Act together with a statement that such notice has been served on all qualifying tenants;

(c) a statement describing the circumstances in which the landlord cannot be identified or traced.

(6) Where an application is made under section 94(3) of the 2002 Act an estimate of the amount of the accrued uncommitted service charges.

(7) Where an application is made under section 99(1) of the 2002 Act, a description of the approval sought and a copy of the relevant lease.

(8) Where an application is made under paragraph 5 of Schedule 6 to the 2002 Act, the date and circumstances in which the right to exercise the right to manage has ceased within the past four years.

Appointment of manager

5.—(1) Other than where an application is made under section 22(3) of the 1987 Act, a copy of the notice served under section 22 of that Act.

(2) Where an application is made under section 24(9) of that Act, a copy of the management order.

Variation of leases

6.—(1) The names and addresses of any person served with a notice in accordance with regulation 4 of these Regulations.

(2) A draft of the variation sought.

(1)

1967 c. 88.

(2)

Inserted by section 151 of the 2002 Act from 30th March 2004 (S.I. 2004/669 (W.62) (C.25)).

(3)

Inserted by section 155 of the 2002 Act from 30th March 2004 (S.I. 2004/669 (W.62) (C.25)).

(4)

Amended by section 180 of and Schedule 14 to the 2002 Act from 30th March 2004 (S.I. 2004/669 (W.62) (C.25)).

(5)

Amended by section 142 and Schedule 22 to the Housing Act 1980.

(6)

Substituted by section 92(1) and Schedule 6 to the Housing Act 1996 (c. 52).

(7)

See section 73 of the 2002 Act.