The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1997

Applications

5.  After regulation 4 insert the following regulations—

“Notice of applications

4A.   In the case of any 1985 Act application, Part II application or transferred application where the tribunal is aware of the names and addresses of persons who may be affected by an application, or is aware that a recognised tenants' association exists for the property which is the subject of the application, the tribunal shall give notice of the application to such persons and the secretary of such association.

Dismissal of frivolous etc. applications

4B.— (1) Subject to paragraph (2), where in respect of a 1985 Act application, a Part II application or a transferred application—

(a) it appears to a tribunal that such an application is frivolous or vexatious or otherwise an abuse of the process of the tribunal, or

(b) the respondent to an application applies to the tribunal to dismiss such an application as frivolous or vexatious or otherwise an abuse of the process of the tribunal,

the tribunal may (whether of its own motion or on the application of any respondent named in the application) dismiss such application, in whole or in part.

(2) Such application may not be dismissed unless—

(a) the tribunal has given to the applicant notice in writing containing a statement—

(i) that it is minded to dismiss the application;

(ii) of the grounds on which it is so minded or, as the case may be, of the grounds mentioned in the respondent’s application;

(iii) that the applicant may, within the period of 21 days starting on the date of issue of the notice (or such further period as the tribunal may allow), request to appear and be heard by the tribunal on the question whether his application should be dismissed; and

(b) such request as is mentioned in paragraph (2)(a)(iii)—

(i) is not made to the tribunal within the period specified in that paragraph (or such further period as the tribunal may allow); or

(ii) such a request is made to the tribunal within that period (or such further period as the tribunal may allow) and the tribunal has heard the applicant and the respondent, or such of them as attend the hearing, on the question of the dismissal of the application.

Representative applications and other provisions for securing consistency

4C.— (1) Where it appears to a tribunal that numerous 1985 Act applications, Part II applications or transferred applications—

(a) have been made in respect of the same or substantially the same matters, or

(b) include some matters which are the same or substantially the same,

the tribunal may give notice to all parties to such applications and any other person who is known to the tribunal and who may be affected by the application that the tribunal proposes to hear and determine only one of those applications (“the representative application”) as representative of all of the applications or matters which are the same or substantially the same.

(2) A notice under paragraph (1)—

(a) shall specify the matters which, in the tribunal’s opinion, are common to all of the applications and the application which the tribunal proposes to hear as the representative application;

(b) shall state that, if the tribunal determines the representative application, the decision made and recorded in respect of the matters specified in accordance with sub-paragraph (a) in relation to that application will be treated as also made and be recorded in respect of such matters in any application made by a person to whom notice of the tribunal’s intention to hear a representative application was sent whether or not such a person has, at the time of the notice, made an application including such matters;

(c) shall invite objections in response to the tribunal’s proposal for the hearing and determination of a representative application;

(d) shall specify the address to which objections may be sent and the date (being not less than 21 days later starting on the date of issue of the notice by the tribunal) by which such objections must be received by the tribunal; and

(e) shall contain a statement that an appeal to the Lands Tribunal may only be made by a person who appeared before the tribunal in proceedings to which he was a party.

(3) Where in response to a notice under paragraph (1) no objections are received on or before the date specified in the notice (or such further time as the tribunal may allow)—

(a) the tribunal need not comply with regulation 5 in respect of any application or part of an application, other than the representative application, which concerns the same or substantially the same matters as specified in the notice given under paragraph (1) made by a person to whom the notice specified in paragraph (1) was sent;

(b) the tribunal shall hear and determine the representative application in accordance with these Regulations; and

(c) the decision of the tribunal in respect of that application shall also be recorded as the decision of the tribunal in respect of all of the matters specified in the notice under paragraph (1) which are common to any other application made by a person to whom notice under paragraph (1) was sent.

(4) Where, on or before the date specified in the notice (or such further period as the tribunal may allow), objections are received in response to a notice under paragraph (1)—

(a) sub-paragraphs (a) to (c) of paragraph (3) shall apply, with the necessary modifications, in relation to those applications in respect of which no objections were made, and

(b) the applications in respect of which objections were made may be heard together with the representative application.

Subsequent applications where notice of the representative application given

4D.— (1)  If, after the decision on a representative application has been recorded, a Part II application or a 1985 Act application is made which has the same or substantially the same matters in common with the representative application, and the applicant is a person to whom notice under regulation 4C(1) was sent, the tribunal shall give notice to the applicant, the respondent and any other person known to the tribunal who may be affected by the application of—

(a) the matters which, in the opinion of the tribunal, are common to such application and the representive application,

(b) the decision recorded in respect of such matters in the representative application,

(c) the date on which notice under regulation 4C(1) was sent to the applicant,

(d) the tribunal’s proposal to record the tribunal’s decision on such matters in the application in identical terms to the decision in the representative application, and

(e) the address to which objections to the tribunal’s proposal may be sent and the date (being not less than 21 days later starting on the date of issue of the notice by the tribunal) by which such objections must be received by the tribunal.

(2) A notice under paragraph (1) shall contain a statement that an appeal to the Lands Tribunal may only be made by a person who appeared before the tribunal in proceedings to which he was a party.

(3) Where, in response to a notice under paragraph (1) no objections are received by the tribunal on or before the date specified in the notice (or such further period as the tribunal may allow), the tribunal need not determine those matters specified in the notice as common to the application and the representative application and the decision of the tribunal in respect of such matters in the representative application shall be recorded as the decision of the tribunal in respect of such matters in the application.

(4) Without prejudice to regulation 4B, where in response to a notice under paragraph (1)—

(a) the applicant,

(b) the respondent, or

(c) any other person who applies to be made a party to the application and who is made a party,

objects to the tribunal’s proposal to record a decision as specified in the notice such person shall, on or before the date specified in the notice (or such further period as the tribunal may allow), notify the tribunal of their objection stating the grounds for their objection and, in particular, whether it is alleged that they did not receive the notice specified in regulation 4C.

(5) The tribunal shall determine any objection under paragraph (3) in accordance with regulation 5 and, if the tribunal consider that the person making such objection did receive the notice specified under regulation 4C, and there is no other valid objection, the tribunal may record the decision specified in the notice under paragraph (1) as the decision of the tribunal in the application.

Subsequent applications where notice of representative application not given

4E— (1)  If, after the decision on a representative application has been recorded, the tribunal receives a Part II application or a 1985 Act application which has the same or substantially the same matters in common with the representative application and the applicant is not a person to whom a notice under regulation 4C(1) was sent, the tribunal shall give notice to the applicant, the respondent and any other person known to the tribunal who may be affected by the application of—

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

(b) the decision recorded in respect of such matters in the representative application.

(c) the tribunal’s proposal to record its decision on such matters in the application in identical terms to the decision in the representative application, and

(d) the address to which objections to the tribunal’s proposal may be sent and the date (being not less than 21 days later starting on the date of the issue of the notice by the tribunal) by which such objections must be received by the tribunal.

(2) A notice under paragraph (1) shall contain a statement that an appeal to the Lands Tribunal may only be made by a person who appeared before the tribunal in proceedings to which he was a party.

(3) Where, in response to a notice under paragraph (1) no objections are received on or before the date specified in the notice (or such further time as the tribunal may allow), the tribunal need not determine those matters specified in the notice as common to the application and the representative application and the tribunal’s decision in respect of such matters in the representative application shall be recorded as the tribunal’s decision on such matters in the application.

(4) Without prejudice to regulation 4B where, on or before the date specified in the notice (or such further period as the tribunal may allow), any objection is received in response to a notice under paragraph (1) from—

(a) the applicant,

(b) the respondent, or

(c) a person who applies to be joined as a party to the application and who is joined as a party,

the tribunal shall hear and determine the application in accordance with the following provisions of these Regulations.

Joining of Parties

4F.— (1) Any person who has received notice of an application under regulation 4A or who may be affected by an application or a transferred application may apply to the tribunal to be made a party to the application.

(2) Any application to be joined as a party to an application may be made ex parte.

(3) Nothing in this regulation shall be construed as requiring the tribunal to make such a person a party to the application and if it appears to the tribunal that any person, though he is affected by the application, is not sufficiently affected for it to be necessary for him to be made a party the tribunal may refuse to make him a party.

Pre-trial review

4G.— (1) The tribunal may, whether of their own motion or on an application by a party, order a pre-trial review to be held in respect of an application.

(2) At the pre-trial review the tribunal shall—

(a) give any direction that appears to the tribunal necessary or desirable for securing the just, expeditious and economical disposal of proceedings,

(b) endeavour to secure that the parties make all such admissions and agreements as ought reasonably to be made by them in relation to the proceedings, and

(c) may record in the order made on the pre-trial review any such admission or agreement or any refusal to make such admission or agreement.

(3) Where a party seeks a specific direction he shall, so far as is practicable, apply for such a direction at the pre-trial review and shall give the tribunal not less than 7 days notice (or such shorter period as the tribunal may allow) of his intention to do so.

(4) Where the tribunal has received notice of any specific direction which a party intends to seek at the pre-trial review the tribunal shall give every other party notice of the requested direction.

(5) The functions of the tribunal in relation to, or at, a pre-trial review may be exercised by any single member of the panel provided for in Schedule 10 to the Rent Act 1977(1) who was appointed to that panel by the Lord Chancellor.

Non payment of fees

4H.   In any case where a fee which is payable for an application, a transferred application or a hearing is not paid, the tribunal shall not proceed further until the fee is paid and where a fee is unpaid for a period of six months from the date of the request for payment issued by the tribunal the application shall be treated as withdrawn.”.

(1)

1977 (c. 42); Schedule 10 was amended by sections 71, 148 and 152 of, and paragraph 56 of Schedule 26 to, the Housing Act 1980 (c. 51); section 26 of, and paragraph 56 of Schedule 6 to, the Judicial Pensions and Retirement Act 1993 (c. 8); and by Part XIII of Schedule 19 to the Housing Act 1996 (c. 52).