BobSmytherman 30 StephenGibbs Letters
Interview
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StephenGibbs Takingacase to theLVTisadauntingexperience, or is it?
RecentlyIhavespent a considerable amount of timedealing with the LVT. This is notsomethingIwould particularly recommendunless absolutelynecessary,asthe process canbelongdrawnoutandmaybe costly.However, the systemis very transparent andeasytoaccessand ultimately providesagood service
forleaseholders.For thoseofyou who have no experience of the LVT (and longmayitremain thatway) I thought youmay be interested to knowalittlemore. First,howdoes theLVTsystem
work?The processisstraightforward
enough and follows a set procedure. nEither youissueanapplication to the LVT or, if thematter is in the County Courtand relatestoservice charges, the court cantransfer the case to the LVT. This is served by the LVT on the respondent and a date will
be set forapreliminary hearing nAdditional information is requested,if necessary,following thepreliminary
hearing nAtimetable of directions will be set following thepreliminiary
TheLVTdeals effectively withawide rangeofissues fromdisputes relatingto buildings insurance through to lease variations
youcan do it
yourself.The LVTis normally a panel of three people: a legallytrained person,asurveyorand alay person. Theprocessisfair, giving each
partyachancetorespond.You don’t need to attend theLVThearing, however itmakes sense to be there when your hearing is taking place, especiallyifyou do nothavelegal representation. Thesystemisverytransparent
andeasytounderstand, with guides available for flat ownerswho think theymay need to use the LVT as a final resortwhen
allelsefails.There is also alot of advice andinformation availableonThe LeaseholdAdvisory website
http://www.lease-advice.org/ Having said allthat, inmyview
most leaseholders don’treally understand the way the system
works.Most of us need asolicitor to provide initialguidanceon
understanding our lease and the regulations that surround it, unless theissueinhandisquite simple. Themain drawback is that
the process can take a long time, especially if one side asks for extra
time.Most normalLVT cases send out the written decision and reasons fortheir findingswithinsix weeksof the hearing date. Sometimes, the LVT will inform youoftheir decision at the end of the hearing if it has been straight forward. The other problemwith the LVT is
hearing to allowboth partiestoset out theircases in detail andprovide the evidence onwhichthey
intend to rely nYou attend the hearing nEvidence is considered by theLVT
panel nAdecisionismadewhich
becomes final if no applicationfor an appeal ismade within 21 days of
thedetermination.The LVThas no jurisdiction as to costs or interest, so if thematterhas beentransferred fromtheCountyCourt,itwillneed to go back thereforadetermination of costs and interest. LVThearingsare informal.You
canarrange for a professional to state your case-normallyasolicitor -or
Flat Living Issue 13, Winter
Taking an LVT decision to
courtmeans jumping through
another legal hoop
one of resources – there simply aren’t enough to cope with thedemand fromleaseholders.Our casetook morethanayeartogetahearing. Despitethese problems,the LVTdeals effectively with a wide range of issues fromdisputes relating to buildings insurance throughto lease variations. Of course, there will always be complaints butgiven thelimited resources the service has to call upon, it does a pretty good job. Inmy opinion,onewaytoimprove on the systemas it standswouldbetomake LVT decisions legally enforceable. At present,for this to be thecase, another interimstepmust be taken– any order made by theLVTcanbeenforcedwith the permissionof the county court. Thismeans jumping throughanother legal hoop – andmay be a daunting prospectformany flatownersaswell as adding additional cost. If youdofind youneed to usethe
so on that you
LVTtohelpwithadispute in your block, take advice as to whether or not you need representation. Make sure you have allthe information, documents and or your solicitor
will need forthe hearingand above all, don’tpanic.Ifyou reallywant to do your homework,you cansee thelatest tribunal decisionsonthe Leasehold Advisorywebsite to find out howother similar hearings have beendetermined atwww.lease-
advice.org/lvtdecisions/.●;
StephenGibbs Tel 0203 102 8526 Email
stephen@churesidentsline.co.uk
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