Applying to the Leasehold Valuation Tribunal (Wales)
Hearings and decisions
Pre-trial reviews
Regulation 12 of the Leasehold Valuation Tribunals Procedure Regulations 2003 empowers Leasehold Valuation Tribunals to arrange pre-trial reviews.
The Leasehold Valuation Tribunal (LVT) may decide to hold a pre-trial review. Alternatively, either party to the application can request a pre-trial review. Where a pre-trial review is to take place, 14 days’ notice will generally be given. Typically, the parties will be asked to specify:
- the matters in dispute
- the agreed facts
- the facts to be agreed
- a statement of outstanding requests for details/information etc
The pre-trial review may be conducted by one member of the LVT panel, the aim being to identify the issues in the case and to see if any part of the dispute can be resolved by agreement at that stage.
Determination without a hearing
The 2003 Regulations also provide a power for the LVT to determine applications on the basis of consideration of written submissions only, without the need for an oral hearing. This procedure is useful for simple matters.
If the LVT considers this appropriate, written notice will be given to the applicant and respondent, allowing the parties at least 28 days to respond. If any party requests an oral hearing this must take place, but if no party replies within the time allowed, the LVT may proceed without an oral hearing.
The hearing
Except in exceptional circumstances the LVT will provide no less than 21 days’ notice of the hearing.
The hearing will usually be held at the tribunal’s office in Cardiff or at another venue such as a hotel that is nearer to the relevant property.
The hearings are generally held in public, and may be preceded, or followed, by an inspection of the property by LVT members.
The hearing is relatively informal and typically follows general court procedures in the presentation of experts and witnesses, and the members of the LVT may ask questions of any of the parties attending. The LVT panel have control over the hearing and will decide in which order things are dealt with.
You can state your own case or have a friend or professional to speak for you. There is no requirement for representation by a lawyer but this can be useful in complex cases.
Evidence is not given under oath.
Decisions and enforcement
The LVT will deliver its decision in writing as soon as possible after the hearing, and within 6 weeks. The decision becomes final four weeks later, provided no notice of appeal is given.
In some circumstances the LVT will inform you of their decision at the end of the hearing itself.
Any order made by the LVT may be enforced, with the permission of the county court, in the same way as a county court order.
- Last updated:
- 8 December 2020
- Next review:
- 18 December 2026