LVT/0041/02/23: Flat 15, Morfa Cadfan, Tywyn – Dismissal Decision
| Judgement Number | LVT/0041/02/23 |
| Year | 2023 |
| Date | 30 November 2023 |
| Court | Leasehold Valuation Tribunals |
| Subject Matter | Section 27A |
| Applied Rules | Landlord and Tenant Act 1985 |
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
LEASEHOLD VALUATION TRIBUNAL
Reference: LVT/0041/02/23
In the Matter of Flat 15, Morfa Cadfan, Tywyn, Gwynedd, LL36 9AB
In the matter of an Application under Section 27A Landlord and Tenant Act 1985.
Applicants Ronald Groves and Samantha Groves
Respondents Adra (Tai) Cyfyngodig
Order.
IT IS ORDERED THAT: This case is dismissed under Rule 11 (a) of the Leasehold Valuation
Tribunals (Procedure) (Wales) Regulations 2004 as being an abuse of the process of the
tribunal.
1. The Applicants applied to the tribunal to challenge an increase in service charges for the
year 2023 by application form dated 28 February 2023. Directions were given by order
of 7 March 2023 which, amongst other things, by paragraph 5, required the Applicants
to provide evidence and a witness statement in support of their case.
2. The Applicants have failed to comply with paragraph 5 of the directions order of the 7th
March 2023 that required them to provide evidence and a witness statement in support
of their case by 4 pm on Friday 28th April 2023. The tribunal’s clerk had chased the
Applicants by email and spoke to the second Applicant on 19th May and 26th June 2023
reminding the Applicants of the need to comply with the directions. The Applicants have
not done so. The tribunal clerk’s email of 26th June asked the Applicants to contact the
tribunal by 4 pm on 27th June or the matter would be referred to a judge which may
result in their application being dismissed.
3. The Respondents had complied with their obligations under the directions order insofar
as they were able to do so. The Applicants had been ordered to set out their case and
their issues of dispute, but they had not done so and therefore the Respondents were
unable to reply further.
4. It appeared to the tribunal that the Applicants were making no attempt to progress their
application and that this constituted an abuse of the process of the tribunal. The
tribunal made an order on 13th July 2023 stating that it was minded to dismiss the
application on the grounds that the Applicants were in default of the directions and had
made no attempt to remedy that default despite reminders and contact from the
tribunal’s clerk on 19th May and 26th June 2023.
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