Applying to the Leasehold Valuation Tribunal (Wales)
Representative applications
It may be that a number of tenants make separate applications to the Leasehold Valuation Tribunal (LVT) on the same issue or substantially the same issue (for example, liability to pay and reasonableness of service charges or insurance, or the appointment of manager). In such circumstances, the LVT can propose that only one case be heard, as representative of all of them.
The LVT will do this by sending a notice to all the relevant applicants and the respondent in each case:
- specifying the matters which, in the LVT’s view, are common to all the applications
- stating the application which the tribunal proposes to determine as the representative application
- explaining that the decision made in respect of the common matters in the representative application shall be regarded as a decision made in respect of the common matters in any of the other applications made where the applicant has received notice
- inviting objections to these proposals and specifying where the objections can be sent
A representative determination will only be made for those where no objection was received, although those applicants who objected can have their applications determined with the representative application, albeit they will be distinct determinations in their own right.
Similarly, in cases where the LVT has determined a matter and then receives an application about the same matter from an applicant who had already received a notice, it shall, among other things, invite the applicant and the respondent to be bound by the earlier determination. Again, there is a right for either party to object, but, having considered any objection received before the date specified, the LVT may still treat the decision in the earlier proceedings as the determination in the subsequent application. If no objection is received, the LVT need not determine the matter, and the decision already made shall be recorded as the decision of the LVT.
Where the LVT determines a matter and then receives an application about the same matter from an applicant who was not a person who received a notice, it will again invite the applicant and the respondent to be bound by the earlier determination. Again, there is a right for either party to object, but where an objection is received before the date specified in the notice, the LVT, having considered the objection, shall determine the application as if it were a normal application. If no objection is received, the LVT need not determine the matters, and the decision already made shall be recorded as the decision of the LVT.
- Last updated:
- 8 December 2020
- Next review:
- 18 December 2026