Commonhold and Leasehold Reform Act 2002 (c. 15)

(The document as of February, 2008)

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9 (1) Procedure regulations may include provision requiring the payment of fees in respect of an application or transfer of proceedings to, or oral hearing by, a leasehold valuation tribunal in a case under--

(a) the 1985 Act (service charges and choice of insurers),

(b) Part 2 of the 1987 Act (managers),

(c) Part 4 of the 1987 Act (variation of leases),

(d) section 168(4) of this Act, or

(e) Schedule 11 to this Act.

(2) Procedure regulations may empower a leasehold valuation tribunal to require a party to proceedings to reimburse any other party to the proceedings the whole or part of any fees paid by him.

(3) The fees payable shall be such as are specified in or determined in accordance with procedure regulations; but the fee (or, where fees are payable in respect of both an application or transfer and an oral hearing, the aggregate of the fees) payable by a person in respect of any proceedings shall not exceed--

(a) £500, or

(b) such other amount as may be specified in procedure regulations.

(4) Procedure regulations may provide for the reduction or waiver of fees by reference to the financial resources of the party by whom they are to be paid or met.

(5) If they do so they may apply, subject to such modifications as may be specified in the regulations, any other statutory means-testing regime as it has effect from time to time.

Costs

10 (1) A leasehold valuation tribunal may determine that a party to proceedings shall pay the costs incurred by another party in connection with the proceedings in any circumstances falling within sub-paragraph (2).

(2) The circumstances are where--

(a) he has made an application to the leasehold valuation tribunal which is dismissed in accordance with regulations made by virtue of paragraph 7, or

(b) he has, in the opinion of the leasehold valuation tribunal, acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings.

(3) The amount which a party to proceedings may be ordered to pay in the proceedings by a determination under this paragraph shall not exceed--

(a) £500, or

(b) such other amount as may be specified in procedure regulations.

(4) A person shall not be required to pay costs incurred by another person in connection with proceedings before a leasehold valuation tribunal except by a determination under this paragraph or in accordance with provision made by any enactment other than this paragraph.

Enforcement

11 Procedure regulations may provide for decisions of leasehold valuation tribunals to be enforceable, with the permission of a county court, in the same way as orders of such a court.

Section 176

SCHEDULE 13 Leasehold valuation tribunals: amendments

Leasehold Reform Act 1967 (c. 88)

1 The 1967 Act has effect subject to the following amendments.

2 In section 9 (costs of enfranchisement), after subsection (4) insert--

" (4A) Subsection (4) above does not require a person to bear the costs of another person in connection with an application to a leasehold valuation tribunal. "

3 In section 14 (costs of lease extension), after subsection (2) insert--

" (2A) Subsection (2) above does not require a person to bear the costs of another person in connection with an application to a leasehold valuation tribunal. "

4 In section 20 (county court), after subsection (4) insert--

" (4A) Where the court certifies particulars of delay or default to the Lands Tribunal under subsection (4)(b) above, the Lands Tribunal may make any order as to costs of proceedings before the Lands Tribunal which the court may make in relation to proceedings in the court. "

5 In section 21 (leasehold valuation tribunals), after subsection (2) insert--

" (2A) For the purposes of this Part of this Act a matter is to be treated as determined by (or on appeal from) a leasehold valuation tribunal--

(a) if the decision on the matter is not appealed against, at the end of the period for bringing an appeal; or

(b) if that decision is appealed against, at the time when the appeal is disposed of.

(2B) An appeal is disposed of--

(a) if it is determined and the period for bringing any further appeal has ended; or

(b) if it is abandoned or otherwise ceases to have effect. "

6 In paragraph 8 of Schedule 2 (county court), after sub-paragraph (1) insert--

" (1A) Where the court certifies particulars of delay or default to the Lands Tribunal under sub-paragraph (1)(b) above, the Lands Tribunal may make any order as to costs of proceedings before the Lands Tribunal which the court may make in relation to proceedings in the court. "

Housing Act 1980 (c. 51)

7 (1) Section 142 of the Housing Act 1980 (role of leasehold valuation tribunals under 1967 Act) is amended as follows.

(2) In subsection (1), for "rent assessment committee constituted under Schedule 10 to the 1977 Act" substitute "leasehold valuation tribunal".

(3) In subsection (3), for "Part 2 of that Schedule" substitute "Schedule 22 to this Act".

Landlord and Tenant Act 1987 (c. 31)

8 The 1987 Act has effect subject to the following amendments.

9 In section 24(9A) (appointment of manager), for "court" substitute "tribunal".

10 In section 47(3) (landlord's name and address to be contained in demands for rent etc.), after "court" insert "or tribunal".

11 In section 48(3) (notification by landlord of address for service of notices), after "court" insert "or tribunal".

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

12 The 1993 Act has effect subject to the following amendments.

13 (1) Section 70 (approval by leasehold valuation tribunal of estate management scheme) is amended as follows.

(2) For subsection (6) substitute--

" (6) Where the application is to be considered in an oral hearing, the tribunal shall afford to any person making representations under subsection (4)(b) about the application an opportunity to appear at the hearing. "

(3) After subsection (10) insert--

" (10A) Any person who makes representations under subsection (4)(b) about an application for the approval of a scheme may appeal from a decision of the tribunal in proceedings on the application. "

14 In section 88(2) (jurisdiction of leasehold valuation tribunals in cases of Crown enfranchisement), for "rent assessment committee constituted for the purposes of this section" substitute "leasehold valuation tribunal".

15 In section 91(1) (jurisdiction of leasehold valuation tribunals), for "such a rent assessment committee" substitute "a leasehold valuation tribunal".

Housing Act 1996 (c. 52)

16 In section 81 of the Housing Act 1996 (restriction on termination of tenancy for failure to pay service charge), after subsection (5) insert--

" (5A) Any order of a court to give effect to a determination of a leasehold valuation tribunal shall be treated as a determination by the court for the purposes of this section. "

Section 180

SCHEDULE 14 Repeals

Short title and chapter	Extent of repeal
Leasehold Reform Act 1967 (c. 88)	In section 1-- in subsection (1), the words ", occupying the house as his residence," and the words ", and occupying it as his residence,", subsection (2), and in subsection (3)(a), the words "and occupied by". In section 1AA-- in subsection (1)(b), the words "falls within subsection (2) below and", and subsections (2) and (4). In section 2-- in subsection (3), the words "and occupied by" and the words from "and are occupied" to the end, and in subsection (4), the words "or a subletting". In section 3(3), the words ", except section 1AA,". In section 6-- in subsection (2), the words "in respect of his occupation of the house", subsection (3), and in subsection (5), the words "or statutory owners, as the case may be," the words "or them" and the words "or (3)". In section 7-- in subsection (1), the words "while occupying it as his residence", the words ", and occupying the house as his residence," and paragraph (b) and the word "and" before it, in subsection (4), the words "while so occupying the house" and the words "occupying in right of the tenancy", and subsection (6). In section 9-- in subsection (1), the words "who reside in the house", in subsection (1A)(a), the words "and, where the tenancy has been extended under this Part of this Act, that the tenancy will terminate on the original term date", and subsection (1C)(a). In section 16-- subsection (1)(a), in subsection (2), the words "or occupied", the words "(a) or" and the words "the freehold or", in subsection (3), the words "the freehold or" and the proviso, and in subsection (4), the words "the freehold or". Section 21(1A) and (3) to (4A). In section 37-- in subsection (4), the words ", except section 1AA,", and in subsection (5), the words from the beginning to "but". In Schedule 3, in paragraph 6, sub-paragraph (1)(d) and, in sub-paragraph (2), the words "and (d)". In Schedule 4A, in paragraph 3(2)(d), the word "assign,".
Land Compensation Act 1973 (c. 26)	In section 12A(9), the word "and" at the end of paragraph (a).
Housing Act 1980 (c. 51)	In section 142-- subsection (2), and in subsection (3), the words from the beginning to "and". In Schedule 21, paragraph 1. In Schedule 22-- Part 1, and in Part 2, paragraph 8(4) to (6).
Landlord and Tenant Act 1985 (c. 70)	Section 19(2A) to (3). Sections 31A to 31C. In section 39, the entry relating to the expression "flat". In the Schedule-- in the heading before paragraph 2, the words "Request for", in the heading before paragraph 4, the words "Request relating to", in the heading before paragraph 5, the words "on request", and paragraph 8(5).
Housing and Planning Act 1986 (c. 63)	In Schedule 5, paragraph 9(2).
Landlord and Tenant Act 1987 (c. 31)	Section 23(2). Sections 24A and 24B. In section 29(2)(a), the words "repair, maintenance, insurance or". In section 38, in the sidenote, the words "by the court". In section 42-- in subsection (2), the words ", and any investments representing those sums,", subsection (5), and in subsection (8), the words "(whether the lease was granted before or after the commencement of this section)". Section 52A. In section 53(2), the words ", 42(5)" and the words "under section 52A(3) or". Section 56(2). In Schedule 2, paragraphs 3, 5, 6 and 7.
Local Government and Housing Act 1989 (c. 42)	In Schedule 11, paragraphs 10 and 91.
Tribunals and Inquiries Act 1992 (c. 53)	In Schedule 3, paragraph 13.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)	In section 2(3), the words ", on behalf of the tenants by whom the right to collective enfranchisement is exercised". In section 5-- in subsection (1), the words "which is at a low rent or for a particularly long term", and in subsection (2)(c), the words "at a low rent or for a particularly long term". Section 6. In section 7(3), the words "at a low rent". Section 8. Section 8A. In section 10-- subsection (2), subsection (3), subsection (4A), and in subsection (6), the definition of "qualifying flat". In section 11(6), the words "by the qualifying tenant". In section 12-- subsection (1)(a), subsection (2), subsection (4), and subsection (6). In section 13-- in subsection (2), sub-paragraph (i) of paragraph (b) and the words following that paragraph, and in subsection (3)(e), the words "the following particulars", the word "namely" and sub-paragraphs (ii) and (iii). Section 14. Section 15. Section 16. In section 18-- in subsection (1), paragraph (b) and the word "or" before it, the words "or shareholding" (in both places) and the words "or established", and in subsection (2), the words "or shareholding" and the words "or (b)". In section 28-- subsection (3), and in subsection (4), the words "or (3)". In section 29-- subsection (5)(a) and (b), and subsection (7). In section 33-- in subsection (1), the words ", 29(7)", and subsections (6) and (7). In section 37A-- subsection (7), and in subsection (8)(a), the words "(whether by persons who are qualifying tenants or not)". In section 38(1), the definitions of "the nominee purchaser" and "the participating tenants". In section 39-- in subsection (2), paragraph (b) and the word "and" before it, subsections (2A) and (2B), subsection (3)(c) and (d), and subsections (4A) and (5). Section 42(3)(b)(iii) and (iv) and (4). In section 45(5), the words "and (b)". Section 62(4). Section 75(4) and (5). In section 88-- in subsection (2)(b), the words "constituted for the purposes of that Part of that Act", and subsections (3) to (5) and (7). In section 91-- in subsection (1), the words from the beginning to "this section; and", subsections (3) to (8), subsection (10), and in subsection (11), the words from "and the reference" to the end. In section 93(2)(b)-- the words "become a participating tenant for the purposes of Chapter 1 or has", the words "section 13 or (as the case may be)", the words "entitlement or", and the words "(i) or". In section 94-- in subsections (3) and (4), the words "which is at a low rent or for a particularly long term", in subsection (10), the words from "and references in this subsection" to the end, and in subsection (12), the words "which is at a low rent or for a particularly long term" and the words ", 8 and 8A". In section 99(5)(a)-- the words "13 or", and the words "by each of the tenants, or (as the case may be)". In section 101(1), the definition of "rent assessment committee". In Schedule 3-- in the heading before paragraph 7, the words "against participating tenant", paragraphs 8 and 9, and in paragraph 10(1), in paragraph (a), the words from "and references" to the end and, in paragraph (b), the words "(whether by persons who are qualifying tenants or not)". In Schedule 5, paragraph 5(2)(a), (b) and (c). In Schedule 6, in paragraph 1(1), the definition of "the valuation date". In Schedule 13, in paragraph 1, the definition of "the valuation date".
Housing Act 1996 (c. 52)	Section 82. Section 83(1) and (3). Section 86(4) and (5). Section 105(3). Sections 111 and 112. Section 119. In Schedule 6, in Part 4, paragraphs 7 and 8. In Schedule 9, paragraphs 2(3) and (7), 3, 4 and 5(2) and (3). In Schedule 10-- paragraph 4, and in paragraph 18(2), paragraph (b) and the word "and" before it.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)	In Schedule 1, paragraph 12.
Commonhold and Leasehold Reform Act 2002 (c. 15)	Section 104.

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