Leasehold Valuation Tribunals (Fees)(England) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/2098 |
| Year | 2003 |
2003 No. 2098
LANDLORD AND TENANT, ENGLAND
Leasehold Valuation Tribunals (Fees)(England) Regulations 2003
Made 7th August 2003
Laid before Parliament 18th August 2003
The First Secretary of State, in exercise of the powers conferred upon him by paragraphs 1 and 9 of Schedule 12 to the Commonhold and Leasehold Reform Act 20021, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003.
(2) These Regulations shall come into force—
(a)
(a) for all purposes other than regulation 3(3)(a), on 30th September 2003; and
(b)
(b) for the purposes of regulation 3(3)(a), on 31st October 2003.
(3) In these Regulations—
“the 1985 Act” means the Landlord and Tenant Act 19852;
“the 1987 Act” means the Landlord and Tenant Act 19873;
“the 2002 Act” means the Commonhold and Leasehold Reform Act 2002;
“applicant” means—
(a) the person making an application to a tribunal; or
(b) the person who is the claimant or applicant in proceedings before a court which are transferred by order of the court to a tribunal;
“application” means an application made to the tribunal under—
(a) section 20ZA of the 1985 Act (consultation requirements)4;
(b) section 27A of the 1985 Act (service charges)5;
(c) paragraph 8(2) of the Schedule to the 1985 Act (insurers)6;
(d) section 24 of the 1987 Act (appointment of managers)7;
(e) Part 4 of the 1987 Act (variation of leases);
(f) paragraph 3 of Schedule 11 to the 2002 Act (administration charges); or
(g) paragraph 5 of Schedule 11 to the 2002 Act;
“hearing” means a hearing before a tribunal to determine one or more of the following—
(a) an application;
(b) transferred proceedings; or
(c) a representative application
but, for the purposes of the payment of a fee for a hearing, does not include—
(i) a pre-trial review; or
(ii) a hearing to consider dismissing an application as frivolous or vexatious;
“representative application” means an application dealt with as a representative application under regulation 8 of the Leasehold Valuation Tribunal (Procedure)(England) Regulations 20038;
“transferred proceedings” means proceedings which a court has transferred to a tribunal for determination; and
“tribunal” means a leasehold valuation tribunal.
Application of Regulations
2. These Regulations shall apply—
(a) in relation to any application (other than an application made under section 20ZA of the 1985 Act) made to a tribunal on or after 30th September 2003;
(b) in relation to any proceedings transferred from a court to a tribunal on or after that date; and
(c) in relation to an application under section 20ZA of the 1985 Act made to a tribunal on or after 31st October 2003,
in respect of premises in England.
Fees: applications
3.—(1) Subject to regulation 8, a fee shall be payable for an application to a tribunal under—
(a)
(a) section 27A of the 1985 Act (determination of liability to pay a service charge );
(b)
(b) paragraph 8(2)(b) of the Schedule to the 1985 Act (right to challenge the insurance premium);
(c)
(c) paragraph 3 of Schedule 11 to the 2002 Act (variation of lease because of administration charge); and
(d)
(d) paragraph 5 of Schedule 11 to the 2002 Act (determination of liability to pay an administration charge).
(2) Subject to paragraph (5), the fee payable under paragraph (1), where the service charge, insurance premium or administration charge which is the subject of the application—
(a)
(a) is not more than £500, is £50;
(b)
(b) is more than £500 but not more than £1000, is £70;
(c)
(c) is more than £1000 but not more than £5000, is £100;
(d)
(d) is more than £5000 but not more than £15000, is £200; and
(e)
(e) is more than £15000, is £350.
(3) Subject to regulation 8, a fee shall be payable for an application to a tribunal under—
(a)
(a) section 20ZA of the 1985 Act (determination to dispense with consultation requirements);
(b)
(b) paragraph 8(2)(a) of the Schedule to the 1985 Act (determination as to suitability of insurer);
(c)
(c) section 24 of the 1987 Act (appointment of managers); and
(d)
(d) Part 4 of the 1987 Act (variation of leases).
(4) Subject to paragraph (5), the fee payable under paragraph (3)—
(a)
(a) where the application relates to 5 or fewer dwellings, is £150;
(b)
(b) where the application relates to between 6 and 10 dwellings, is £250; and
(c)
(c) where the application relates to more than 10 dwellings, is £350.
(5) Where an application is made under—
(a)
(a) two or more of the provisions mentioned in paragraph (1);
(b)
(b) two or more of the provisions mentioned in paragraph (3); or
(c)
(c) one or more of the provisions mentioned in paragraph (1) and one or more of the provisions mentioned in paragraph (3),
the fee payable in respect of the application shall be the highest of the fees which would have been payable in accordance with paragraph (2) or (4) (as the case may be) if a separate application had been made under each of those provisions.
Fees: applications transferred from court
4.—(1) Subject to paragraph (2) and regulation 8, where a court, by order, transfers to a tribunal so much of any proceedings as relate to the determination of a question falling within the jurisdiction of the tribunal by virtue of a provision mentioned in paragraph (1) or (3) of regulation 3, the fee payable to the tribunal shall be the fee which would have been payable under paragraph (2), (4) or (5) of that regulation (as the case may be) for an application less the total amount of any fees paid by the applicant to the court in respect of the proceedings on or before the date of that order.
(2) Where the total amount of any fees paid to the court on or before the date of the order mentioned in paragraph (1) is equal to or more than the fee payable under that paragraph, no fee shall be payable to the tribunal under that paragraph.
Fees: hearings
5.—(1) Subject to paragraph (2) and regulation 8, a fee of £150 shall be payable for a hearing.
(2) Where part of an application or transferred proceedings is or will be determined at, or in accordance with, a hearing of a representative application and part is to be determined at a separate hearing, the fee for the part which is to be heard separately shall be £150 less the total amount of any fees paid by the applicant in accordance with regulation 7(5) for that part of the application or transferred proceedings which is to be determined at, or in accordance with, the representative application.
Payment of fees
6.—(1) Any fee payable under regulation 3 shall accompany the application.
(2) Any fee payable under regulation 4 or 5 shall be due within 14 days of a written request for payment by the tribunal and shall be sent to the address specified in that request.
(3) The fee shall be paid by a cheque made payable to or postal order drawn in favour of the Office of the Deputy Prime Minister.
Liability to pay and apportionment of fees
7.—(1) Subject to regulation 8 and the following paragraphs, the applicant shall be liable to pay any fee payable to a tribunal under these Regulations.
(2) Subject to paragraph (3), where an application is made or transferred proceedings are brought by more than one person, any fee payable under regulations 3 or 4 for the application or transferred proceedings shall be apportioned equally between those persons and each person shall be liable to pay one portion.
(3) Where—
(a)
(a) an application is made or transferred proceedings are brought by the tenant or the landlord of premises; and
(b)
(b) the tenant or landlord is more than one person,
those persons together shall be treated as one person for the purposes of paragraph (2).
(4) Where two or more applications are heard together, other than applications which are heard with a representative application, any fee payable under...
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