On 1 July 2013, the Leasehold Valuation Tribunal (LVT) in England becomes a First-tier Tribunal (Property Chamber). Here, Brady Solicitors explain the changes.
The change is part of a wide-reaching government shake-up of the tribunal system, which is transferring related tribunals into Chambers, and brings the LVT more in line with other tribunals and courts in the newly-unified system.
The types of cases that will be heard at the Property Chamber will be the same as at the LVT, it will run through the same network of five regional offices, and appeals will continue to be heard in the Upper Tribunal (Lands Chamber). There are however some procedural changes, which are designed to bring the LVT more in line with other tribunals in the newly unified courts and tribunals systems.
The two most notable changes are:
The power to strike out a case if a party fails to comply with the directions of the Tribunal, with regard to producing documents in a timely manner, and
The power to award unlimited costs if a person has acted unreasonably in bringing, defending or conducting proceedings. This is a significant change from the LVT’s current cost limit of £500.
What do I need to do?
As property managers you need to update the Rights and Obligations documents that you send with your service charge and administration charge demands. We have given you the prescribed wording below, which you must use from Monday 01 July 2013 when issuing demands.
New wording for Service Charge demands
New wording for Administration Charge demands
Any Right to Manage claim and counter-claim notices will also need to be updated to remove references to the Leasehold Valuation Tribunal.
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