Housing Act 1980

Section 142.

SCHEDULE 22 Leasehold Valuation Tribunals

PART I Supplementary Provisions

Constitution of tribunals

1 The president of a panel drawn up under Schedule 10 to the 1977 Act shall, when constituting a leasehold valuation tribunal, ensure that at least one of its members is a person who has experience in the valuation of land.

Appeals

2 No appeal shall lie from a decision of a leasehold valuation tribunal to the High Court by virtue of section 13(1) of the [1971 c. 62.] Tribunals and Inquiries Act 1971 and no case may be stated for the opinion of the High Court in respect of such a decision, but any person who—

(a) appeared before a tribunal in proceedings to which he was a party; and

(b) is dissatisfied with its decision,

may, within such time as rules under section 3(6) of the [1949 c. 42.] Lands Tribunal Act 1949 may specify, appeal to the Lands Tribunal.

3 A leasehold valuation tribunal shall not be treated as a person aggrieved for the purposes of section 3(4) of the Lands Tribunal Act 1949 (which enables a person aggrieved by a decision of the Tribunal on a point of law to require the Tribunal to state a case for decision of the Court of Appeal).

4 For the purposes of Part I of the [1967 c. 88.] Leasehold Reform Act 1967 a matter is to be treated as determined by a leasehold valuation tribunal—

(a) if the tribunal's decision is not appealed against, on the expiration of the time for bringing an appeal; or

(b) if the decision is appealed against, and not set aside in consequence of the appeal, at the time when the appeal and any further appeal is disposed of by the determination of it and the expiration of the time for bringing a further appeal if any) or by its being abandoned or otherwise ceasing to have effect.

Costs

5 The costs which a person may be required to bear under section 9(4) or 14(2) of the 1967 Act (matters the costs of which are to be borne by person giving notice of his desire to have the freehold or an extended lease) do not include costs incurred by a landlord in connection with a reference to a leasehold valuation tribunal.

6 Where the county court gives any such certificate as is authorised by section 20(4) of or paragraph 8(1) of Schedule 2 to the 1967 Act (certificate of unreasonable delay or default by landlord or tenant) the Lands Tribunal may make the like order as to costs of proceedings on an appeal before the Tribunal in relation to the matter in question as the county court is authorised to make by section 20(4) or paragraph 8(1).

Provision of information

7 (1) Where a matter is referred to a leasehold valuation tribunal for determination, the tribunal may by notice in writing served on the tenant or landlord or on a superior landlord require him to give to the tribunal, within such period but not less than 14 days from the service of the notice as may be specified in the notice, such information as the tribunal may reasonably require.

(2) If any person fails without reasonable cause to comply with any notice served on him under this paragraph he shall be liable, on summary conviction, to a fine not exceeding £200.

PART II Amendments of 1967 Act

8 (1) In section 21(1) (jurisdiction of Lands Tribunal) for " the Lands Tribunal" substitute " a leasehold valuation tribunal ".

(2) After section 21(1) insert—

“(1A) An application to a leasehold valuation tribunal under subsection (1) above must be in the prescribed form and contain the prescribed particulars.

(1B) No application may be made to a leasehold valuation tribunal under subsection (1) above to determine the price for a house and premises unless either—

(a) the landlord has informed the tenant of the price he is asking; or

(b) two months have elapsed without his doing so since the tenant gave notice of his desire to have the freehold under this Part of this Act.”.

(3) In section 21(2), for " the Lands Tribunal" substitute " a leasehold valuation tribunal " and for " the Tribunal" substitute " a tribunal ".

(4) In section 21(3) for "the Lands Tribunal" (twice) substitute " a leasehold valuation tribunal " and for " the Tribunal " substitute " a tribunal ".

(5) For section 21(4) substitute—

“(4) Without prejudice to the generality of section 102 of the County Courts Act 1959 or section 74 of the Rent Act 1977, the powers thereby conferred to make rules of procedure shall extend to prescribing the procedure consequent on any such transfer.”.

(6) After section 21(4) insert—

“(4A) The Secretary of State may make regulations prescribing—

(a) the form of any application under subsection (1) above ; and

(b) the particulars which it must contain ;

and any such regulations shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

(7) Section 21(5) (costs of proceedings before Lands Tribunal) is repealed.

9 In section 31(2)(a) (consent of Church Commissioners required to provisions of conveyance) after " the court" insert " a leasehold valuation tribunal ".

10 In paragraph 5(3) of Schedule 1 (price for intermediate leasehold interests) for "the Lands Tribunal" (twice) substitute " a leasehold valuation tribunal ".

11 In paragraph 2(2) of Schedule 2 (compensation payable to tenant for loss of house and premises) for "the Lands Tribunal" substitute " a leasehold valuation tribunal ".

12 Paragraph 8(2) of Schedule 2 (costs of proceedings before Lands Tribunal) is hereby repealed.