Learning from LVT decisions

1
Learning from LVT decisions

• Siobhan McGrath
• Senior President - RPTS

2
What is the Leasehold Valuation Tribunal

• Government Sponsored
• Independent
• Judicial Appointment
• Expertise

3
The Types of Case

• Enfranchisement
• Service charges and administration charges
• Right to manage
• Variation of leases
• Forfeiture

4
Service charges

• Payability
• Costs incurred and to be incurred
• Terms of lease
• Statutory code ss.18 to 30 Landlord and Tenant
  Act 1985
• Consultation and dispensation
• Sections 20 and 20ZA 1985 Act

5
Other common applications

• Administration charges schedule 11 Commonhold
  and Leasehold Reform Act 2002
• Variation of leases Part IV of the Landlord and
  Tenant Act 1987
• Forfeiture section 168(4) of the 2002 Act

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Using the LVT as a management tool

• Service charge cases anticipating problems
  section 27A(3)
• Consultation weighing the options section
  20ZA
• Lease variation is it necessary and can it be
  done?

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Using the LVT for dispute resolution

• Preventing disputes from escalating
• Bringing in an independent (and expert) third
  party
• Mediation and reconciliation

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Keeping Leaseholders informed

• Anticipating problems and informing of right of
  independent adjudication
• Keeping LVT low key but accessible
• Staged approach to management

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Familiarity with Process

• Guidance booklets and application forms
• Procedural Regulations (Leasehold Valuation
  Tribunal (Procedure)(England Regulations) 2003

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The Tribunal in action

• Public hearings
• DVD/Video
• Informality
• Representation

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Understanding Costs

• No costs jurisdiction
• Terms of the Lease and reasonableness
• Section 20C
• Schedule 12 paragraph 10 2002 Act

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Living with the decision

• Resolving issues in time
• Appeal to Lands Tribunal
• Hands on management

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