Commonhold and Leasehold Reform Act 2002

[F1176A.Transfer from court to First-tier TribunalE+W

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(1)Where, in any proceedings before a court, there falls for determination a question which the First-tier Tribunal or the Upper Tribunal would have jurisdiction to determine under an enactment specified in subsection (2) on an appeal or application to the tribunal, the court—

(a)may by order transfer to the First-tier Tribunal so much of the proceedings as relate to the determination of that question;

(b)may then dispose of all or any remaining proceedings pending the determination of that question by the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal, as it thinks fit.

(2)The enactments specified for the purposes of subsection (1) are—

(a)this Act,

(b)the Leasehold Reform Act 1967,

(c)the Landlord and Tenant Act 1985,

(d)the Landlord and Tenant Act 1987,

(e)the Leasehold Reform, Housing and Urban Development Act 1993, and

(f)the Housing Act 1996.

(3)Where the First-tier Tribunal or the Upper Tribunal has determined the question, the court may give effect to the determination in an order of the court.

(4)Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this section.]

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