Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003

Subsequent applications where notice of the representative application given

9.—(1) If, after a representative application has been determined, a subsequent application is made which includes any of the common matters on which the tribunal has made a decision in its determination of the representative application, and the applicant is a person to whom a notice under regulation 8(1) was given, the tribunal shall give notice to the parties to the subsequent application of—

(a) the matters which, in the opinion of the tribunal, are the common matters in the subsequent application and the representative application;

(b) the decision recorded in respect of the common matters in the representative application;

(c) the date on which notice under regulation 8(1) was given to the applicant;

(d) the tribunal’s proposal to record the tribunal’s decision on the common matters in the subsequent application in identical terms to the decision in the representative application;

(e) the address to which objections to the tribunal’s proposal may be sent and the date (being not less than 21 days after the date that the notice was sent) by which such objections must be received by the tribunal; and

(f) a statement that any objection must include the grounds on which it is made and, in particular, whether it is alleged that the notice under regulation 8(1) was not received by the person making the objection.

(2) Where no objection is received on or before the date specified in the notice—

(a) the tribunal need not determine the matters mentioned in paragraph 1(a); and

(b) the decision of the tribunal in respect of the common matters in the representative application shall be recorded as the decision of the tribunal in respect of the common matters in the subsequent application.

(3) Where an objection is received to the tribunal’s proposal on or before the date specified in the notice—

(a) the tribunal shall consider the objection when determining the subsequent application; and

(b) if the tribunal dismisses the objection, it may record the decision mentioned in paragraph (1)(b) as the decision of the tribunal in the subsequent application.