The Leasehold Valuation Tribunals (Procedure) (Amendment) (England) Regulations 2004

• Citation: S.I. 2004/3098
• Sections: 8

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Leasehold Valuation Tribunals (Procedure) (Amendment) (England) Regulations 2004 and shall come into force on 28th February 2005.

(2) These Regulations apply in relation to applications made, or proceedings transferred from a court to, a leasehold valuation tribunal, on or after 28th February 2005, in respect of premises in England.

Section 2 Amendment of the Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003

The Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003 shall be amended in accordance with regulations 3 to 8.

Section 3 Application of Regulations

In regulation 1 (citation, commencement and application), in paragraph (3), for sub-paragraph (a), substitute—

(a) in the case of an application—

(i) of the description specified in paragraph 2(a) of Schedule 1, 31st October 2003;

(ii) of the description specified in paragraph 8 of that Schedule, 28th February 2005; and

Section 4 Particulars of applications

In regulation 3—

(a) in paragraph (3), for “paragraph 2”, where it first occurs, substitute “any of sub-paragraphs (b) to (f) of paragraph 2”; and

(b) after paragraph (7), insert the following paragraph—

(7A) Where an application is of the description specified in paragraph 8 of Schedule 1 (determination as to breach of covenant or condition) the particulars and documents listed in paragraph 7 of Schedule 2 shall be included with the application.

Section 5 Determination without a hearing

In regulation 13(1), for sub-paragraphs (a) to (c), substitute the following sub-paragraphs—

it has given to both the applicant and the respondent not less than 28 days' notice in writing of its intention to proceed without an oral hearing; and

neither the applicant nor the respondent has made a request to the tribunal to be heard,

but this paragraph is without prejudice to paragraph (3).

Section 6 Inspections

In regulation 17, for paragraphs (4) to (7), substitute the following paragraphs—

(4) Where an inspection is to be made, the tribunal shall give notice to the parties.

(5) A notice under paragraph (4) shall—

(a) state the date, time and place of the inspection; and

(b) be given not less than 14 days before that date.

Section 7 Descriptions of applications

In Schedule 1, after paragraph 7, insert the following paragraph—

Determination as to breach of covenant or condition

(8) Applications under section 168(4) of the 2002 Act .

Section 8 Particulars of applications

In Schedule 2—

(a) in paragraph 1 (enfranchisement and extended leases), after sub-paragraph (5), insert the following sub-paragraph—

(6) Except where an application is made under section 24, 25 or 27 of the 1993 Act, a copy of the lease.

(b) in paragraph 6 (variation of leases), after sub-paragraph (2), add the following sub-paragraph—

(3) A copy of the lease.

(c) after paragraph 6, add the following paragraph—

Determination of breach of covenant or condition

(7)

(1) A statement giving particulars of the alleged breach of covenant or condition.

(2) A copy of the lease concerned.