(1)    These Regulations are called the Leasehold Valuation Tribunals (Procedure) (Amendment) (Wales) Regulations 2005 and shall come into force on 31 May 2005.

(2)    These Regulations apply in relation to applications made, or proceedings transferred from a court, to a leasehold valuation tribunal, on or after 31 May 2005, in respect of premises in Wales.

The Leasehold Valuation Tribunals (Procedure) (Wales) Regulations 2004 shall be amended in accordance with regulations 3 to 8.

In regulation 1 (name, commencement and application), for paragraph (3), substitute—

“(3)    These Regulations apply in relation to any application made, or proceedings transferred from a court, to a leasehold valuation tribunal in respect of premises in Wales on or after—

(a)    in the case of an application of the description specified in paragraph 8 of Schedule 1, 31 May 2005;

(b)    in any other case, 31 March 2004.”.

In regulation 3—

(a)    in paragraph (3), for “paragraph 2”, where it first occurs, substitute “any of sub-paragraphs (b) to (f) of paragraph 2”; and

(b)    after paragraph (7), insert the following paragraph—

“(7A)    Where an application is of the description specified in paragraph 8 of Schedule 1 (determination as to breach of covenant or condition) the particulars and documents listed in paragraph 7 of Schedule 2 shall be included with the application.”.

In regulation 13(1), for sub-paragraphs (a) to (c), substitute the following sub-paragraphs—

“(a)    it has given to both the applicant and the respondent not less than 28 days' notice in writing of its intention to proceed without an oral hearing; and

(b)    neither the applicant nor the respondent has made a request to the tribunal to be heard,

but this paragraph is without prejudice to paragraph (3).”.

In regulation 17, for paragraphs (4) to (7), substitute the following paragraphs—

“(4)    Where an inspection is to be made, the tribunal shall give notice to the parties.

(5)    A notice under paragraph (4) shall—

(a)    state the date, time and place of the inspection; and

(b)    be given not less than 14 days before that date.”.

In Schedule 1, after paragraph 7, insert the following paragraph—

“Determination as to breach of covenant or condition

Applications under section 168(4) of the 2002 Act.”.

In Schedule 2—

(a)    in paragraph 1 (enfranchisement and extended leases), after sub-paragraph (5), insert the following sub-paragraph—

“(6)    Except where an application is made under section 24, 25 or 27 of the 1993 Act, a copy of the lease.”;

(b)    in paragraph 6 (variation of leases), after sub-paragraph (2), add the following sub-paragraph—

“(3)    A copy of the lease.”; and

(c)    after paragraph 6, add the following paragraph—

“Determination of breach of covenant or condition

(1)    A statement giving particulars of the alleged breach of covenant or condition.

(2)    A copy of the lease concerned.”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D Elis-Thomas

The Presiding Officer of the National Assembly

17 May 2005

These Regulations amend the Leasehold Valuation Tribunals (Procedure) (Wales) Regulations 2004 (“the Procedure Regulations”).

The amendments made by regulations 3, 4(b), 7 and 8(c) are consequential on the commencement of section 168 of the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”).

Section 168 of the 2002 Act prevents a landlord from serving a notice to forfeit a lease for breach by a tenant of a covenant or condition in the lease, unless the tenant admits the breach or it has been finally determined that the breach has occurred. Under section 168(4), a landlord may apply to a leasehold valuation tribunal for a determination that a breach of covenant or condition has occurred.

The effect of the amendments made by regulations 3, 4(b), 7 and 8(c) is to add applications under section 168(4) of the 2002 Act to the applications to which the Procedure Regulations apply, and to require the applicant to include with the application a statement giving particulars of the alleged breach of covenant or condition and a copy of the lease concerned.

The amendment made by regulation 4(a) has effect as regards applications to a leasehold valuation tribunal under section 20ZA(1) of the Landlord and Tenant Act 1985 to dispense with all or any of the consultation requirements relating to works and agreements for which contributions may be recovered by way of service charges. The effect of the amendment is to remove the requirement (imposed by regulation 3(3) of, and paragraph 2(3) of Schedule 2 to, the Procedure Regulations) to provide a copy of the lease when making an application under section 20ZA(1).

The amendment made by regulation 5 enables a leasehold valuation tribunal to determine an application without an oral hearing where it has given at least 28 days' notice to the applicant and the respondent and neither of them has asked for an oral hearing. (Regulation 13(3), which enables the tribunal to decide at any time before an application has been determined that it should be the subject of an oral hearing, and allows either of the parties to request an oral hearing at any time before the application has been determined, is unaffected by this amendment.)

The amendment made by regulation 6 removes from regulation 17 of the Procedure Regulations the requirement to give notice at the hearing where an inspection is to be made during or after the close of the hearing. The requirement to give at least 14 days' notice to the parties of the date, time and place of the inspection remains unchanged, but the opportunity has been taken to make minor drafting changes.

The amendments made by regulation 8(a) and (b) require the production of a copy of the lease with certain applications relating to enfranchisement or lease extension, and with applications under Part 4 of the 1987 Act for the variation of a lease.