Citation, commencement and interpretation

1. —(1) These Rules may be cited as the Lands Tribunal (Amendment) Rules 2006 and shall come into force—

(a) in relation to England, on 28th April 2006;

(b) in relation to Wales, on the date on which section 231 of the Housing Act 2004( 3 ) comes into force in relation to Wales.

(2) In these Rules a reference to a rule by number alone is a reference to the rule so numbered in the Lands Tribunal Rules 1996( 4 ).

Amendments to Lands Tribunal Rules 1996

2. For rule 5A (Application of Part IIA) substitute—

“ 5A Part IIA applies to an application to the Lands Tribunal for permission to appeal—

(a) under section 175 of the Commonhold and Leasehold Reform Act 2002, against a decision of the Leasehold Valuation Tribunal; or

(b) under section 231 of the Housing Act 2004, against a decision of the residential property tribunal. ” .

3. —(1) In rule 5B (Interpretation of Part IIA), before paragraph (1) insert the following paragraph—

“ (A) In this Part “first-tier tribunal” means—

(a) in relation to an appeal under section 175 of the Commonhold and Leasehold Reform Act 2002, the Leasehold Valuation Tribunal; and

(b) in relation to an appeal under section 231 of the Housing Act 2004, the residential property tribunal. ” .

(2) In rule 5B(1)—

(a) for “Leasehold Valuation Tribunal” substitute “first-tier tribunal”

(b) for “before that Tribunal” substitute “before the first-tier tribunal or, where the proceedings were determined without a hearing, made representations in writing to that tribunal”.

4. —(1) In rule 5C (Application for permission to appeal), for “Leasehold Valuation Tribunal”, wherever it occurs, substitute “first-tier tribunal”.

(2) In rule 5C(2), for “28 days” substitute “14 days”.

5. —(1) In rule 6(1)(b)—

(a) before “where the appeal is made” insert “subject to paragraph (1B), ”; and

(b) omit “by the authority”.

(2) After rule 6(1) insert—

“ (1A) Paragraph (1B) applies to—

(a) an appeal under section 175 of the Commonhold and Leasehold Reform Act 2002 against a decision of the Leasehold Valuation Tribunal; or

(b) an appeal under section 231 of the Housing Act 2004 against a decision of the residential property tribunal.

(1B) Subject to rule 35A, if it is satisfied that it is in the interests of justice to do so, the Tribunal may direct—

(a) that a shorter period be substituted for the period of 28 days in paragraph (1)(b); or

(b) that the application to the first-tier tribunal for permission to appeal shall stand as notice under paragraph (1). ” .

6. —(1) In rule 7(2), for “The notice of intention to respond” substitute “Subject to paragraph (2B), the notice of intention to respond”.

(2) After rule 7(2) insert—

“ (2A) Paragraph (2B) applies to—

(a) an appeal under section 175 of the Commonhold and Leasehold Reform Act 2002 against a decision of the Leasehold Valuation Tribunal; or

(b) an appeal under section 231 of the Housing Act 2004 against a decision of the residential property tribunal.

(2B) Subject to rule 35A, if it is satisfied that it is in the interests of justice to do so, the Tribunal may direct that a shorter period be substituted for the period of 28 days in paragraph (2). ” .

7. —(1) In rule 8(2) and (3), for “Within 28 days of service” substitute “Subject to paragraph (4B), within 28 days of service”.

(2) In rule 8(4), for “Where a party receives” substitute “Subject to paragraph (4B), where a party receives”.

(3) After rule 8(4) insert—

“ (4A) Paragraph (4B) applies to—

(a) an appeal under section 175 of the Commonhold and Leasehold Reform Act 2002 against a decision of the Leasehold Valuation Tribunal; or

(b) an appeal under section 231 of the Housing Act 2004 against a decision of the residential property tribunal.

(4B) Subject to rule 35A, if it is satisfied that it is in the interests of justice to do so, the Tribunal may direct that a shorter period be substituted for the period of 28 days in paragraph (2), (3) or (4). ” .

8. After rule 35 insert—

“ Shortening of time etc

35A. —(1) In this rule “urgency direction” means a direction under rule 6(1B), 7(2B) or 8(4B).

(2) The Tribunal may make an urgency direction—

(a) on application of a party, or

(b) on its own initiative.

(3) Paragraphs (4) to (8) apply, and rule 38 does not apply, where a party applies for an urgency direction

(4) The application shall be made in writing an shall state the title of the proceedings, and the grounds upon which the application is made.

(5) If the application is made with the consent of all parties, it shall be accompanied by consents signed by or on behalf of the parties.

(6) If the application is not made with the consent of every party the applicant shall serve a copy of the proposed application on every other party before it is made and the application shall state that this has been done.

(7) Subject to paragraph (8), the Tribunal shall give notice in writing to the parties other than the applicant inviting them to make representations in writing in relation to the application.

(8) Paragraph (7) does not apply where the Tribunal, having considered the application and the grounds upon which it is made, decides to refuse the application.

(9) Where the Tribunal proposes to make an urgency direction on its own initiative it shall give notice in writing to the parties—

(a) of the direction which it proposes to make; and

(b) inviting the parties to make representations in writing in relation to the proposal.

(10) The notice given under paragraph (7) or (9) may specify a date by which representations are to be made.

(11) Before making an urgency direction the Tribunal shall consider all the representations that it has received. ” .