Where is the leasehold valuation tribunal

First-tier Tribunals are formed by a panel composed of three members: a solicitor, a valuer and a non-expert. It is independent and unbiased. It is a kind of judicial hearing, but less formal than a court. It is important to get professional help and their perspective before you proceed as the proceedings can get quite complicated and the formalities that need to be adhered to are quite confusing at times.

The leaseholder or the freeholder can take their problems to the First-tier Tribunal. The First-tier Tribunal offices are not the only place to hold hearings. They can be held near your address and are often open to the public in offices of the local council. You should go to a hearing in the first place, before planning to apply to a First-tier Tribunal to resolve a dispute.

Your regional First-tier Tribunal office can tell you when and where the next hearing regarding your issue will take place. This depends on the amount of supporting documents, the nature of the final application and the availability of the Tribunal.

However, it is usually worth getting professional advice before you start. Problems can be taken to an Leasehold Valuation Tribunal by either the leaseholder or the freeholder. If you are thinking of asking an Leasehold Valuation Tribunal to settle a disagreement, you may want to go along to see a hearing first. Your regional Leasehold Valuation Tribunal office will be able to tell you when and where a hearing involving a similar problem will take place. You need to gather evidence before the hearing.

The Leasehold Valuation Tribunal will make its decision based on the information you and the freeholder provide. Both sides will have the chance to present your side of the story. The Leasehold Valuation Tribunal will ask questions, and you will have the opportunity to question the freeholder and any witnesses. You will probably have to wait for several weeks after the hearing before a written decision comes through the post.

To apply for an order for the limitation of service charges arising from the landlord's costs of proceedings specifically under Section 20 c Landlord and Tenant Act To apply for an order to dispense with service of a Preliminary Notice prior to an action for the appointment of a manager. To determine liability to pay an estate management charge. To apply for variation of an estate management charge.

What is the fee for the FTT hearing? Is a waiver or reduction of fees possible? Can any fees paid to the FTT be reimbursed? What are directions? What evidence is required? What is non-compliance? Striking out an application There are a number of circumstances in which the FTT has the power to strike out an application or parts of the application. The FTT may decide to strike out if: the leaseholder has failed to comply with a direction given by the FTT stating that failure to comply with the direction could lead to the striking out of proceedings; the applicant has failed to co-operate with the FTT to such an extent the FTT considers they are no longer able to deal with the case in a fair and just way; the case concerns the same parties and the FTT finds it is similar or substantially the same as those in proceedings already decided by the FTT; the FTT regards the proceedings, or the way in which they are being conducted, to be frivolous, vexatious or an abuse of the process of the FTT; or the FTT considers there is no reasonable prospect of the leaseholders' case succeeding.

What other powers does the FTT have? What happens if one party withdraws? An application of this type must be received by the FTT within 28 days after: the date of the hearing at which the withdrawal took place; or the date on which the FTT received the notice of withdrawal. Can the FTT make a decision without a hearing? What is a consent order? What happens if there is a hearing?

If it decides there is going to be a hearing to consider the case, the FTT must give the parties no less than 14 days' notice, unless: both parties agree to a shorter notice period; or the FTT considers that there are urgent or exceptional circumstances. When will a decision be made?

A decision may be given verbally at the end of the FTT hearing but in all cases the FTT must provide both parties as soon as possible and typically within 4 to 6 weeks with: a written decision setting out the determination of the FTT in full; including reasons for the decision; and notification of any right of appeal against the decision and the time within which, and manner in which, such appeal rights may be exercised.

Can the FTT change its decision? Should an appeal be made? Before the leaseholder considers an appeal, a number of options may be possible; The FTT may be requested to correct any clerical error, or omission from the decision.

Where the FTT has reached a decision which ended the proceedings, they have the power to set aside the decision and re-make it. This is possible where it is considered to be in the interests of justice; and one or more of the following conditions are satisfied: a relevant document was not sent to a party, or their representative, or was not received by them at an appropriate time; a relevant document was not sent to or received by the FTT at an appropriate time; where a party, or their representative, were unable to be present at the hearing; or there was some other irregularity in the proceedings.

An application to set aside a decision must be received by the FTT either: within 28 days after the date the FTT sent notice of the decision to the party applying; or if later, within 28 days after the date on which the FTT sent notice of the reasons for their decision to the party applying. Who deals with appeals? The application for permission should be received by the FTT within 28 days of the latest of the following correspondence from the FTT with the: date of written reasons for the decision; date of notification of amended reasons for, or correction of, the decision of the FTT following a review; or date of notification that an application for the decision to be set aside has been unsuccessful.

Are there any other costs relating to the FTT? The FTT has the power to order a party to pay the whole or part of any wasted costs; or where a party has been considered to have acted unreasonably in any aspect of the proceedings, such as producing documents late without good reason which caused a hearing to be adjourned.

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