Applying to the Leasehold Valuation Tribunal (Wales)
Procedure for applying to the LVT
Any application to the Leasehold Valuation Tribunal (LVT) will require the preparation of a proper case. The LVT has to consider the argument and evidence from both sides and it is essential that applicants present their case properly.
The LVT considers the evidence put before it. Where there is a hearing, members of the LVT may ask questions, but their function is to make a decision on what is before them, not to find the evidence for themselves.
The landlord may normally be in a better position to present the case than the tenants because the landlord may have the relevant facts concerning the management and functioning of the building. The tenants will have to obtain their evidence as best they can, although they can request the LVT to issue directions requiring the production of information relevant to the issues.
Application forms
The application must be made on the correct form where one is required, and in the proper manner. The LVT produces model application forms and these are available in printed form from the LVT or the LVT website.
LVT forms
Notices
Some applications require notice to be given to other parties, and will not be accepted until notice has been given. The LVT may require evidence that any necessary notice has been given, with the application.
If you are in any doubt about whether a notice must be served on other parties, you should seek advice from your own legal adviser if you have one, or from LEASE.
Receipt of applications
On receiving an application, the LVT will copy it to whoever is named as the respondent.
The LVT may issue directions to the parties governing the exchange of evidence and the general conduct of the case (at a pre-trial review, if appropriate).
Although LVTs are not subject to court rules, procedure at hearings approximates to general court procedures. LVTs have the power to determine for themselves the conduct of their proceedings and to provide specific instructions about the conduct of the case.
The LVT also has powers to require information, or additional information, from any party to an application which is reasonably required for the proper consideration of the case. This must be provided within the time specified in the notice, which should not be less than 14 days from service of the notice, and failure to comply without reasonable excuse is an offence subject to summary conviction and a fine not exceeding level 3 on the standard scale (currently £1,000).
Regulations require the LVT to tell anyone likely to be significantly affected, whose name and address the tribunal has, about the application. This will usually be other tenants in the building and any recognised tenants’ association. The LVT must serve notices on these affected persons, to make sure that they know about the application and have an opportunity to be joined in the application, if appropriate.
The LVT’s power to dismiss applications
The LVT has authority to dismiss any applications which it considers to be frivolous, vexatious or an abuse of the process of the LVT. This can be at the LVT’s own instigation or in response to a request from the respondent to the application.
In such a case the LVT will advise the applicant in writing, stating that it is minded to dismiss the application, the grounds for the decision and the date (no less than 21 days after the notice was sent) before which the applicant may request to appear before and be heard by the tribunal on the question whether the application should be dismissed.
- Last updated:
- 8 December 2020
- Next review:
- 18 December 2026