In this section
- Rating appeals
- Compensation references
- References by consent
- Restrictive covenants
- Leasehold valuation tribunal appeals
- Land taxation appeals
- Blight notice references
- Rights of light applications
- Residential property tribunal appeals
Related documents
- Permission to appeal form
(34kb)
Related links
- Lands Tribunal Rules 1996
(34kb)
Jurisdiction
Leasehold valuation tribunal appeals
Appeals from Leasehold Valuation Tribunals (LVTs)
- 1. Right of appeal and need for permission to appeal
- 2. Where the LVT grants permission to appeal
- 3. Where the LVT refuses permission to appeal
- 4. Approach of the Lands Tribunal to the granting of permission
- 5. Procedure on appeal
1. Right of appeal and need for permission to appeal
A party to proceedings before an LVT may appeal to the Lands Tribunal under section 175 of the Commonhold and Leasehold Reform Act 2002 from a decision of the LVT. Permission to appeal is required in all cases.
2. Where the LVT grants permission to appeal
Permission must first be sought from the LVT concerned. If the LVT grants permission, notice of appeal must be given to the Registrar of the Lands Tribunal within 28 days of the grant of permission to appeal. This time limit may be extended, but no extension will be granted unless there is justification for it. The permission to appeal form should be completed and sent or delivered to the Lands Tribunal together with a copy of the disputed decision and a copy of the LVT's decision granting leave to appeal.
3. Where the LVT refuses permission to appeal
If the LVT refuses permission to appeal, application for permission may be made to the Lands Tribunal within 14 days of the LVT decision refusing permission. This time limit may be extended but no extension will be granted unless there is justification for it. The application on the permission to appeal form must set out the grounds of appeal and the reasons for the application for leave to appeal. The applicant must satisfy the Tribunal that permission to appeal should be given, so the reasons should be set out fully. The application must also be accompanied by a copy of the decision against which leave to appeal is sought and a copy of the refusal of leave to appeal by the LVT.
- Permission to appeal form (34kb)
On receiving an application for permission to appeal, the Tribunal sends a copy of the application to each respondent and informs the applicant of the date this was done. Respondents are informed of the time limit within which any written representations must be made. The Tribunal considers any representations received and the applicant's reasons for the application before deciding whether to grant permission. Only in special circumstances is a hearing be held. If the Tribunal grants permission, it may do so on such conditions as it thinks fit.
4. Approach of the Lands Tribunal to the granting of permission
On the permission to appeal form the applicant must specify that their reasons for making the application fall within one or more of the following grounds:
- a. The decision shows that the LVT wrongly interpreted or wrongly applied the relevant law.
- b. The decision shows that the LVT wrongly applied or misinterpreted or disregarded a relevant principle of valuation or other professional practice.
- c. The LVT took account of irrelevant considerations, or failed to take account of relevant consideration or evidence, or there was a substantial procedural defect.
- d. The point or points at issue is or are of potentially wide implication.
- e. Reasons other than set out above.
In general permission to appeal will only be granted if it appears to the Tribunal that there are reasonable grounds for concluding that the decision of the LVT may have been wrong for one or more reasons (a), (b) and (c), or if the point or points at issue are of potentially wide implication (reason (d)). The applicant for leave must satisfy the Tribunal on one or more of these reasons or establish under reason (e) that there are other reasons why permission should be given.
5. Procedure on appeal
Part III and Part VIII of the Lands Tribunal Rules 1996 set out the procedure relating to appeals. How the rules are applied is set out in the Practice directions. Where an application for permission has been made and leave has been granted the application will be treated as the appellant's notice of appeal for the purposes of Rule 6; and where a potential respondent has made representations in relation to the application, those representations will be treated as a notice of intention to respond for the purposes of Rule 7. Except in cases where the simplified procedure is followed under Rule 28, the appellant will be required to serve a statement of case and each respondent will be required to serve a reply: see Rule 8. Please see rules, procedures and forms for more information.
