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Residential Property Tribunal

This page contains information relating to cases decided on the procedure in the Leasehold Valuation Tribunal on the following points:
  • Bias - parties appearing before the Tribunal on a regular basis.
  • Service where landlord outside UK - dispensing with service.
  • Jurisdiction to determine issues.
It is not yet clear to what extent these cases will continue to be relevant now that the LVT has been replaced the Property Chamber.

For the pages dealing with service and administration charges click here.


Bias

Regular appearance by parties before same members of LVT

Country Trade Limited v Hanton
[2012] UKUT 67 (LC)

Summary

In this case the UT (LC) explained how principles of bias apply to hearings before the LVT, where it is not uncommon for parties to appear before the same members of the LVT in respect of very similar management issues.

Facts

M managed 126 dwellings in 17 blocks owned by various members of a group of companies incorporated in Guernsey. The group includes L, the owner of the block subject to the appeal, and B.

At the beginning of the hearing before the LVT M renewed an earlier written request for an adjournment on the ground that the Lands Chamber was due to hear an appeal against a decision of the LVT on another application in respect of properties, which M manages on behalf of B (“B’s case”).

The LVT had decided against M on the management issues in B’s case and expressed itself with some emphasis. The chairman and one member of the LVT in B’s case were sitting as the LVT in the current case. The LVT declined to adjourn, and proceeded to hear the case and determined it adversely to M. They had been asked, in effect, to recuse themselves but had refused. The reason for not doing so was that the appeal in B’s case was “essentially on procedural and evidential points; not on matters of principle concerning the manner in which management of the estate was conducted.”

M appealed on a number of grounds but the central complaint was that they did not get a fair hearing because two of the members of the LVT had already formed an unfavourable view of M ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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