The Leasehold Valuation Tribunals (Fees) Order 1997

Explanatory Note

(This note is not part of the Order)

This Order makes provision for fees in respect of applications to and hearings before leasehold valuation tribunals (including cases transferred from a court under section 31C of the Landlord and Tenant Act 1985).

Article 2 prescribes the fees payable for applications to leasehold valuation tribunals for determinations relating to:

• the reasonableness of past or future service charges under section 19(2A) or (2B) of the Landlord and Tenant Act 1985;

• challenging the landlord’s choice of insurers under paragraph 8(2) of the Schedule to that Act;

• the appointment of a manager under Part II of the Landlord and Tenant Act 1987; and

• the variation or discharge of such an appointment.

Article 3 prescribes the fee payable where a court transfers proceedings to a leasehold valuation tribunal under the Landlord and Tenant Act 1985.

Article 4 and the Schedule prescribe the fees payable for hearings of any of the matters mentioned above except for varying or discharging an order appointing a manager (where no hearing fee is payable).

Article 5 exempts applicants from the payment of fees where the applicant or his partner is in receipt of the benefits, the allowance or, in the case of proceedings transferred from the county court, a civil legal aid certificate as specified in that article.

Article 6 contains provisions dealing with the persons liable to pay the fees and makes provisions for the hearing of more than one application, the hearing of a representative application, for applications brought by tenants involving more than one dwelling, the payment of fees where one person of several persons is exempt from payment under article 5.

Article 7 contains provisions for the payment of fees.

Article 8 contains provisions about a leasehold valuation tribunal requiring fees to be reimbursed.