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Part 2 E+WLeasehold reform

Chapter 6 E+WLeasehold valuation tribunals

173 Leasehold valuation tribunalsE+W

(1)Any jurisdiction conferred on a leasehold valuation tribunal by or under any enactment is exercisable by a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977 (c. 42).

(2)When so constituted for exercising any such jurisdiction a rent assessment committee is known as a leasehold valuation tribunal.

Commencement Information

I1S. 173 wholly in force at 30.3.2004; s. 173 not in force at Royal Assent see s. 181(1); s. 173 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 173 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)

174 ProcedureE+W

Schedule 12 (leasehold valuation tribunals: procedure) has effect.

Commencement Information

I2S. 174 wholly in force at 30.3.2004; s. 174 not in force at Royal Assent see s. 181(1); s. 174 in force for specified purposes at 26.7.2002 for E. by S.I. 2002/1912, art. 2(c); s. 174 in force for specified purposes at 1.1.2003 for W. by S.I. 2002/3012, art. 2(c); s. 174 in force so far as not already in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(b); s. 174 in force so far as not already in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(b)

175 AppealsE+W

(1)A party to proceedings before a leasehold valuation tribunal may appeal to the [F1Upper Tribunal] from a decision of the leasehold valuation tribunal.

(2)But the appeal may be made only with the permission of—

(a)the leasehold valuation tribunal, or

(b)the [F1Upper Tribunal].

(3)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)On the appeal the [F1Upper Tribunal] may exercise any power which was available to the leasehold valuation tribunal.

(5)And a decision of the [F1Upper Tribunal] on the appeal may be enforced in the same way as a decision of the leasehold valuation tribunal.

(6)The [F1Upper Tribunal] may not order a party to the appeal to pay costs incurred by another party in connection with the appeal unless he has, in the opinion of the [F1Upper Tribunal], acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the appeal.

(7)In such a case the amount he may be ordered to pay shall not exceed the maximum amount which a party to proceedings before a leasehold valuation tribunal may be ordered to pay in the proceedings under or by virtue of paragraph 10(3) of Schedule 12.

(8)No appeal lies from a decision of a leasehold valuation tribunal to the High Court by virtue of section 11(1) of the Tribunals and Inquiries Act 1992 (c. 53).

(9)And no case may be stated for the opinion of the High Court in respect of such a decision by virtue of that provision.

(10)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3S. 175 wholly in force at 30.3.2004; s. 175 not in force at Royal Assent see s. 181(1); s. 175 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); s. 175 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

176 Consequential amendmentsE+W

Schedule 13 (minor and consequential amendments about leasehold valuation tribunals) has effect.

Commencement Information

I4S. 176 wholly in force at 31.5.2005; s. 176 not in force at Royal Assent see s. 181(1); s. 176 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); s. 176 in force for specified purposes at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2); s. 176 in force so far as not already in force at 28.2.2005 for E. by S.I. 2004/3056, art. 3(i); s. 176 in force so far as not already in force at 31.5.2005 for W. by S.I. 2005/1353, art. 2(i)