The Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) Order 1997

• Citation: S.I. 1997/1853
• Sections: 75

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) Order 1997 and shall come into force on 1st September 1997.

(2) Unless the context otherwise requires, any expression in this Order—

(a) where used in connection with a provision of the Landlord and Tenant Act 1985 has the same meaning as in that Act, and

(b) where used in connection with the Landlord and Tenant Act 1987 has the same meaning as in that Act.

(3) In this Order “tribunal” means a leasehold valuation tribunal.

Section 2 Content of Applications

(1) An application to a tribunal under section 19(2A) or (2B) of the Landlord and Tenant Act 1985 (determination of reasonableness of service charges) shall contain—

(a) where the applicant is a tenant, the particulars specified in Part I of Schedule 1 to this Order; and

(b) where the applicant is a landlord, the particulars specified in Part II of that Schedule.

(2) An application to a tribunal under section 20C of the Landlord and Tenant Act 1985 (limitation of service charges: costs of proceedings) , where such application is not made at the hearing, shall contain the particulars specified in Part III of that Schedule.

(3) An application to a tribunal under paragraph 8 of the Schedule to the Landlord and Tenant Act 1985 (right to challenge landlord’s choice of insurers) shall contain the particulars specified in Part IV of that Schedule.

(4) An application to a tribunal for an order under section 22(3) of the Landlord and Tenant Act 1987 (preliminary notice by tenant) shall contain the particulars specified in Part I of Schedule 2 to this Order.

(5) An application to a tribunal for an order under section 24(1) of the Landlord and Tenant Act 1987 (appointment of manager by the tribunal) shall contain the particulars specified in Part II of that Schedule.

(6) An application to a tribunal for an order under section 24(9) of the Landlord and Tenant Act 1987 (variation or discharge of an order appointing a manager) shall contain the particulars specified in Part III of that Schedule.

(7) An application to a tribunal for leave to appeal to the Lands Tribunal shall contain—

(a) the name and address of the party seeking leave to appeal, and

(b) where that party is represented, the name, address and occupation of his representative,

(c) the names and addresses of the other parties to the application,

(d) the date of the decision and any reference number, and

(e) the grounds of appeal.

Section 1

The particulars specified for the purposes of article 2(1)(a) are set out in paragraphs 2 to 12 below.

Section 1

The particulars specified for the purposes of article 2(1)(b) are set out in paragraphs 2 to 10 below.

Section 1

The particulars for the purpose of article 2(2) are set out in paragraphs 2 to 11 below.

Section 1

The particulars specified for the purposes of article 2(3) are set out in paragraphs 2 to 11 below.

Section 2

The address of the property to which the service charge which is the subject of the application relates.

Section 2

The address of the property to which the service charge which is the subject of the application relates.

Section 2

The address of the property in respect of which the service charge is payable.

Section 2

The address of the dwelling of which insurance is the subject of the application and, where the dwelling is not a house and forms part of a building, the address of the building.

Section 3

A statement setting out whether the application is made under section 19(2A) or (2B), or both, and—

(a) in respect of an application under section 19(2A)—

(i) the costs incurred for services, repairs, maintenance, insurance or management, whether the applicant considers such costs to be reasonable and, if not, the applicant’s reasons,

(ii) the services or works for which costs were incurred, whether the applicant considers such services or works to be of a reasonable standard and, if not, the applicant’s reasons, or

(iii) the amount payable before costs are incurred, whether the applicant considers the amount is reasonable and, if not, the applicant’s reasons;

(b) in respect of an application under section 19(2B)—

(i) the costs to be incurred for services, repairs, maintenance, insurance or management of any specified description, whether the applicant considers them to be reasonable and, if not, the applicant’s reasons,

(ii) the services to be provided or works to be carried out to a particular specification, whether the applicant considers such services or works would be of a reasonable standard and, if not, the applicant’s reasons, or

(iii) the amount payable before costs are incurred and, if the applicant considers the amount unreasonable, the applicant’s reasons.

Section 3

A statement setting out whether the application is made under section 19(2A) or (2B), or both, and—

(a) in respect of an application under section 19(2A)—

(i) the costs incurred for services, repairs, maintenance, insurance or management and the applicant’s reasons for considering such costs reasonable,

(ii) the services or works for which costs were incurred and the applicant’s reasons for considering the services or works to be of a reasonable standard, or

(iii) the amount payable before costs are incurred and the applicant’s reasons for considering such amount reasonable;

(b) in respect of an application under section 19(2B)—

(i) the costs to be incurred for services, repairs, maintenance, insurance or management of any specified description and the applicant’s reasons for considering such costs reasonable.

(ii) the services to be provided or works to be carried out to a particular specification and the applicant’s reasons for considering that such services or works would be of a reasonable standard, or

(iii) the amount payable before costs are incurred which the applicant considers would be reasonable and the applicant’s reasons.

Section 3

The name and address of the applicant and the name, address and occupation of the applicant’s representative, if any.

Section 3

A statement setting out the dispute which is the subject of the application including—

(a) whether it is alleged by the applicant that the insurance which is available from the nominated insurer for insuring the tenant’s dwelling is unsatisfactory in any respect and, if so, in what respect,

(b) whether it is alleged by the applicant that the premiums in respect of any such insurance are excessive and, if so, in what respect,

(c) the amount of the premiums payable in respect of the insurance available from the nominated insurer,

(d) the cover provided by the insurance policy, and

(e) the period to which the insurance is attributable.

Section 4

The name and address of the applicant and the name, address and occupation of the applicant’s representative, if any.

Section 4

The name and address of the applicant and the name, address and occupation of the applicant’s representative, if any.

Section 4

The name and address of the respondent landlord and, if that address is not in England and Wales, an address in England and Wales at which notices may be served (if known to the applicant).

Section 4

The name and address of the applicant and the name, address and occupation of the applicant’s representative, if any.

Section 5

The name and address of the landlord and, if that address is not in England and Wales, an address in England and Wales at which notices may be served (if known to the applicant).

Section 5

The name and address (where known to the applicant) of each respondent and each other person who is or may be liable by way of service charge for any part of the expenditure charged for in a service charge and the total number of dwellings in respect of which the same or substantially the same service charge is payable and where a recognised tenants' association exists in respect of the property to which the service charge relates, the name and address of the secretary of the association.

Section 5

The name and address (where known to the applicant) of every other party to the proceedings in respect of which the tenant seeks an order that the landlord’s costs incurred in proceedings before the tribunal are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the tenant or any other person or persons specified in the application.

Section 5

The name and address of the respondent landlord and, if that address is not in England and Wales, an address in England and Wales at which notices may be served (if known to the applicant).

Section 6

The name and address of every person known to the applicant who is or may be liable by way of service charge for any part of the expenditure which is or may be included in the service charge and, where a recognised tenants' association exists in respect of the property to which the service charge which is the subject of the application relates, the name and address of the secretary of the association.

Section 6

(1) Subject to sub-paragraph (2), a copy of the lease or leases, or other document under which the service charge is payable and any demand for payment of the disputed service charge showing—

(a) in the case of an application where a demand for payment of a service charge has been made, the amount of the service charge, the individual items included in the charge and the date when payment is due;

(b) in the case of an application where a service charge or a demand for payment of the service charge has not yet been made—

(i) the amount, or likely amount, to be included in the service charge,

(ii) the individual items or estimated individual items to be included in the charge, and

(iii) the date when such amount will, or may, be due for payment.

(2) Where the application relates to more than one dwelling and the leases or other documents and the demands for payment of the service charge for each such dwelling are in the same or substantially the same terms, the applicant need not provide such documents for each dwelling providing that the applicant does provide a specimen lease or other document and demand for payment accompanied by a statement—

(a) specifying those respects in which such documents differ from the corresponding documents for all the other dwellings concerned in the application, and

(b) confirming that in all other respects such documents are the same.

Section 6

The name and address of every person known to the applicant who is or may be liable by way of service charge for any part of the costs and, where a recognised tenants' association exists in respect of the property to which the service charge which is the subject of the application relates, the name and address of the secretary of the association.

Section 6

Where the dwelling forms part of a building which contains other dwellings, the name and address of every tenant or other person within that building who is known to the applicant who is or may be required to pay for or contribute to the costs of the same or substantially the same insurance and, where a recognised tenants' association exists in respect of the building, the name and address of the secretary of the association.

Section 7

A copy of the lease or other document under which the service charge is payable.

Section 7

A breakdown of the amount of such of the costs incurred or, as the case may be, to be incurred for services, repairs, maintenance, insurance or management as together comprise the service charge, so as to show how the service charge and each element of it is calculated.

Section 7

A copy of the service charge demand (including, if known, a statement of the amount of the costs incurred by the landlord in connection with proceedings before the tribunal) in respect of which the applicant seeks an order.

Section 7

A copy of the lease under which the tenant is required to insure the dwelling with an insurer nominated by the landlord.

Section 8

Either a copy of the disputed demand for payment of the service charge and a statement of the period to which it is attributable; or, if no such demand has been made, a copy of any notification specifying services which are to be provided or works which are to be carried out and, if known, the likely cost of such works or services.

Section 8

The matters upon which the applicant intends to rely in support of his application; and where he intends to rely on any document, a copy of that document.

Section 8

A copy of the lease or other document under which the service charge, including the landlord’s costs incurred in proceedings before the leasehold valuation tribunal, is payable.

Section 8

A copy of the insurance policy if this is within the possession of the applicant or can reasonably be obtained by the applicant.

Section 9

The matters upon which the applicant intends to rely in support of his application; and where he intends to rely on any document, a copy of that document.

Section 9

Whether the applicant claims a reduction or waiver of fees and, if so, the basis of the claim.

Section 9

A copy of the decision of the tribunal in the proceedings in respect of which the costs incurred by the landlord are included or are to be included in the service charge and in respect of which the applicant seeks an order.

Section 9

The matters upon which the applicant intends to rely in support of his application; and where he intends to rely on any document, a copy of that document.

Section 10

Whether the applicant intends to apply at the hearing for an order under section 20C of the Landlord and Tenant Act 1985 (limitation of service charges: costs of proceedings).

Section 10

The date of the application.

Section 10

The matters upon which the applicant intends to rely in support of his application; and where he intends to rely on any document, a copy of that document.

Section 10

Whether the applicant claims a reduction or waiver of fees and, if so, the basis of the claim.

Section 11

Whether the applicant claims a reduction or waiver of fees and, if so, the basis of the claim.

Section 11

The date of the application.

Section 11

The date of the application.

Section 12

The date of the application.

Section 1

The particulars specified for the purposes of article 2(4) are set out in paragraphs 2 to 6 below.

Section 1

The particulars specified for the purposes of article 2(5) are set out in paragraphs 2 to 12 below.

Section 1

The particulars specified for the purposes of article 2(6) are set out in paragraphs 2 to 11 below.

Section 2

The address of the property which is to be the subject of an application for an order under section 24 of the Landlord and Tenant Act 1987.