Past LVT decisions are available online from LEASE and the Tribunal. Please note that past decisions do not bind future Tribunals and so cases are decided on their own merits.
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An application fee is payable by the applicant and varies depending on either how much money is in dispute (e.g., service charge applications) or the number of dwellings to which it relates (e.g., applications for appointment of a manager or for a variation of leases).
The maximum application fee is capped at £350.
There is also a hearing fee of £150 payable within 14 days of being demanded.
Fees can be waived where the applicant is in receipt of certain benefits.
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In order to apply to the LVT, you will need to fill in an application form. Forms can be obtained from the Residential Property Tribunal for Wales.
If no specific form exists for your case category then you should write to the tribunal including specified information.
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An appeal can be made to the Upper Tribunal (Lands Chamber), but permission must first be granted by the LVT. Any application for permission to appeal must be made to the LVT within twenty-one days from the date the reasons for the decision are sent to the parties. If the LVT does not grant permission to appeal, permission can then be sought from the Upper Tribunal (Lands Chamber).
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LVT hearings are quite informal. You can state your own case or have a friend or professional to speak for you. The LVT normally sits as a panel of three consisting of one legally trained member, one surveyor and one lay person to provide a balanced perspective. The LVT panel have control over the hearing and will decide in which order things are dealt with.
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You should refer to the terms of your lease to establish whether legal costs can be recovered through the service charge from all the lessees. If legal costs are recoverable as a service charge under the lease, you can make an application to the LVT under Section 20C of the Landlord and Tenant Act 1985 requesting an order that the landlord should not be allowed to recover such costs.
In some cases a lease also allows the recovery of legal costs from an individual leaseholder. For example, when the costs incurred result from a failure to pay the service charge. In those circumstances the charges sought are technically classed as an Administration Charge. They must be reasonable, amongst other things, in order to be payable; but if they are reasonable and payable they are recouped from an individual leaseholder. This is unlike costs recouped as a service charge which are paid on an apportioned basis by all leaseholders. It follows that the lease should be reviewed to establish if there is an obligation on a leaseholder to pay an Administration Charge.
You may require the services of a solicitor.
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Yes you can make a joint application and it is possible to split any costs incurred amongst yourselves. For example lessees within a building could make a joint application to challenge the service charges and agree between them to split the costs.
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The LVT aim to send out the written decision and reasons for it within 6 weeks of the hearing (or paper determination if there was no hearing). In some circumstances the LVT will inform you of their decision at the end of the hearing itself.
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