The Leasehold Valuation Tribunals (Procedure) (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations regulate the procedure to be followed in connection with applications made to a leasehold valuation tribunal. These Regulations apply to Wales only.

They replace, with amendments, the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993, (in so far as they relate to Wales) which are revoked, subject to the saving provision contained in regulation 25.

Regulation 3 provides for general particulars to be included with all applications and specified particulars to be included with specified applications as set out in the Schedules.

Regulation 4 provides for notice to be given by the applicant and respondent where an application is made under Part 4 of the Landlord and Tenant Act 1987, while regulation 5 provides for notice to be given by the tribunal in the case of other applications.

Regulation 5 also gives the tribunal the discretion to give notice by local advertisement.

Regulation 6 provides for the procedure to be followed where a person requests to be joined as a party to the proceedings.

Regulation 7 provides that an application may be treated as withdrawn if a fee is not paid for a period of one month from the date on which it becomes due.

Regulations 8-10 provide for securing consistency where numerous applications are or may be brought in respect of the same or substantially the same matters.

Regulation 11 provides for the dismissal of applications which are frivolous, vexatious or otherwise an abuse of process of the tribunal.

Regulation 12 provides for pre-trial reviews and allows the tribunal to give any directions that may be necessary for the expeditious and economical disposal of proceedings.

Regulation 13 provides for the determination of an application without an oral hearing and allows for such determinations to be undertaken by a single member of the panel provided for in Schedule 10 to the Rent Act 1977, who has been appointed by the Lord Chancellor.

Regulation 14 provides for hearings, it allows the tribunal to determine the procedure and gives the tribunal the discretion to give less than 21 days notice of the hearing where there are exceptional circumstances.

Regulation 15 provides for a hearing to be postponed or adjourned.

Regulation 16 ensures that the parties receive copies of the necessary documents.

Regulation 17 provides for the inspection of the house, premises or area which is the subject of the application, or any comparable house, premises or area.

Regulation 18 provides for the recording of decisions in respect of applications and enables the reasons for a decision to be recorded in a separate document after the decision has been recorded. It also makes provision for the correction of a document recording a decision or reasons.

Regulation 19 provides that any decision of the tribunal may, with the permission of the county court, be enforced in the same way as orders of such a court.

Regulation 20 provides for seeking permission to appeal to the Lands Tribunal.

Regulation 21 provides for the attendance at any hearing or inspection by a member of the Council on Tribunals.

Regulation 22 provides that any notice given by the tribunal under paragraph 4 of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”), shall include a statement that any person who fails without reasonable excuse to comply with the notice commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Regulation 23 provides for the giving of notices and other documents. It allows such notices and documents to be given electronically with the consent of the recipient.

Regulation 24 gives the tribunal a discretion to extend any time period set out in the Regulations or set out in a notice sent under the Regulations.

Schedule 1 describes the applications which are governed by these Regulations. It includes applications under section 20ZA regarding the requirement on landlords to consult tenants for particular works, applications relating to administration charges and applications relating to the right to manage. These applications have been introduced by the 2002 Act.

Schedule 2 lists the particulars and documents required to be included with an application.

A Regulatory Appraisal has been prepared in connection with these Regulations. A copy may be obtained from the Housing Directorate, the National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ (Tel [phone]).