| www.Leasehold-Valuation-Tribunals.org.uk |
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This is not the official "Leasehold Valuation Tribunals" web site. This web site is based on one individual's personal experience of Leasehold Valuation Tribunals (LVTs). It is not suggested that this experience is typical of all Leasehold Valuation Tribunals. It is intended to be of interest to anyone considering taking the LVT route to resolve leasehold issues. "There must be better, and cheaper, ways to achieve resolution of leasehold disputes" |
| Is the LVT a cost-effective means of resolving leasehold disputes? |
| No. Enforcing, or appealing against, decisions may require potentially expensive legal representation. |
| Is the LVT a speedy means of resolving leasehold disputes? |
| No. |
| Is communication with Leasehold Valuation Tribunals straightforward? |
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No. Letters sent to them may not arrive, and, if they do arrive, even if sent by recorded delivery,
they may be ignored.
Similarly, letters claimed to have been sent out by the LVT may not arrive at their intended destination. |
| Is there any consistency across LVT? |
| No; and there is no case law |
| Is evidence to a Leasehold Valuation Tribunal given under oath? |
| No. Unsubstantiated, contested, claims may be accepted by the LVT without requirement for proof. |
| Is all clear documentary evidence taken into account? |
| No. Even documents specifically drawn to the attention of the panel at a hearing may be ignored. |
| Do disputes between leaseholders come within the remit of LVTs? |
| No. |
| Will the LVT consider disputes between leaseholders when reaching a decision? |
| Yes, if it suits the Tribunal chairman. |
| Does the constitution of the Freeholder company come within the remit of Leasehold Valuation Tribunals? |
| No. |
| Will the LVT consider the constitution of the Freeholder company when reaching a decision? |
| Yes, if it suits the Tribunal chairman. |
| Does an appointed manager have control over the Freeholder or its Bank Account? |
| No. |
| Does that prevent an appointed manager from demanding that he take over the Freeholder's Bank Account? |
| No. |
| Does the appointment of a manager absolve the freeholder from the performance of his or her obligations under the lease? |
| No. |
| Are Lessees bound by a Leasehold Valuation Tribunal decision? |
| No. |
| Do Leasehold Valuation Tribunals adhere to its own pre-trial directions? |
| No, not if it does not suit the Tribunal chairman. |
| Are Freeholders required to comply with the RICS Code? |
| Yes; failure to do so, in combination with any other alleged failing may result in the Leasehold Valuation Tribunal appointing a manager to oversee the management of the property. |
| Are LVT-appointed Managers required to comply with the RICS Code? |
| No. They may ignore it entirely, despite the wording of the order. |
| Are the LVT interested if their appointed managers refuse to comply with the RICS Code? |
| No. |
| Are RICS interested if their members refuse to comply with the RICS Code? |
| No. |
| Are Freeholders required to comply with the Leases? |
| Yes; failure to do so may result in the Leasehold Valuation Tribunal appointing a manager to oversee the management of the property. |
| Do the LVT consider only alleged breaches of leases? |
| No. They may consider matters that are outside the scope of the leases if it suits the Tribunal chairman. |
| Are LVT-appointed Managers required to comply with the Leases? |
| No, despite the wording of the order. |
| Are the LVT interested if their appointed managers refuse to comply with the Leases? |
| No. |
| Are Leasehold Valuation Tribunals interested if their appointed managers fail to perform in their appointed role? |
| No. |
| What action is available if LVT-appointed managers fail to perform in their appointed role? |
| County Court proceedings. |
| Some examples of an LVT-appointed manager's failure to perform in their appointed role might include: |
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- demanding to take control of the Freeholder's bank account without authority;
- failure to complete outstanding work at the property; - failure to produce valid Service Charge invoices in accordance with the leases; - failure to follow the legally laid down procedure for collecting Ground Rent; - refusal to provide any documentary evidence of costs claimed to have been incurred; - refusal to produce any Service Charge accounts in accordance with the leases and the RICS code; - failure to remedy problems with the property, when advised of them; - ignoring letters from Lessees - demanding payment from the Lessees for items that are chargeable to the Freeholder; - actively preventing the Freeholder from organising remedial action on the property; - under-insuring the property; - attempting to charge non-Service-Charge items to the Service Charge; - withholding "Ground Rents" that should be paid to the Freeholder; - withholding funds due to be paid to a Lessee - refusing to adhere to the RICS code; - refusing to provide to the Freeholder details of work carried out during his period of management; - refusing to obtain bank interest payments on funds held; - refusing to hand papers to the Freeholder on termination of an appointment, in accordance with the RICS code |
| Are Leasehold Valuation Tribunals empowered to enforce their own orders? |
| No. These may only be enforced via a County Court. |
| Will Leasehold Valuation Tribunals discuss reasons for their decisions? |
| No; requests may be ignored. |
| Will the LVT issue supplementary directions? |
| Only if it suits the Tribunal chairman; requests may be ignored. |
| Can one appeal against a Leasehold Valuation Tribunal decision? |
| Yes - to the Lands Tribunal, initially subject to permission from the LVT. |
| Is an application for leave to appeal to the Lands Tribunal handled independently within the LVT? |
| No - it is handled by the chairman of the original tribunal. |
| Can an appeal be made direct to the Lands Tribunal if the LVT refuse permission? |
| Yes - but use of a solicitor is recommended by the LVT. |
| Will a Leasehold Valuation Tribunal appoint a manager who is inexperienced in such matters? |
| Yes, if so requested by the applicant. |
| To whom is a duly appointed manager responsible? |
| The LVT. |
| Will the LVT accept responsibility to others for the actions or inactions of such a manager? |
| No, though this has not been tested in law. |
| Will a Leasehold Valuation Tribunal hear an application by (and find in favour of) a single applicant leaseholder, against the Freeholder of which he/she is one of two Directors? |
| Bizarrely, yes |
| Will a Leasehold Valuation Tribunal direct that a Freeholder hand over to the manager funds that are held in trust for specific leaseholders (e.g. reimbursement to a Lessee of insurance costs incurred)? |
| Yes. |
| Will a Leasehold Valuation Tribunal require an appointed manager to account for funds under his control? |
| No, despite the wording of the lease and the RICS Code. |
| Will a Leasehold Valuation Tribunal make it's decisions available on the internet? |
| If it considers it appropriate so to do. |
| Will the Leasehold Advisory Service make LVT decisions available on the internet? |
| Randomly. |