{
  "url": "https://openlegislation.uk/lands-tribunal-amendment-rules-1997/article-4",
  "json_url": "https://openlegislation.uk/lands-tribunal-amendment-rules-1997/article-4.json",
  "legislation": "uksi/1997/1965",
  "legislation_title": "The Lands Tribunal (Amendment) Rules 1997",
  "legislation_url": "https://openlegislation.uk/lands-tribunal-amendment-rules-1997",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": null,
  "text": "After Part II (Composition and hearings of the Tribunal) insert Part IIA as follows—\n“PART IIA\nApplications for Leave to Appeal\nApplication of Part IIA\n5A Part IIA applies to applications to the Lands Tribunal for leave to appeal against a decision of the Leasehold Valuation Tribunal under section 31A of the Landlord and Tenant Act 1985 or section 24A of the Landlord and Tenant Act 1987.\nInterpretation\n5B (1) A respondent to an application for leave to appeal is any party in the proceedings before the Leasehold Valuation Tribunal, other than the applicant, who was present or represented at the hearing before that Tribunal.\n(2) A respondent to an application for leave to appeal shall not be a respondent to any subsequent appeal unless he gives notice of intention to respond to the appeal in accordance with rule 7.\nApplication for leave to appeal\n5C (1) A person (‘the applicant’) may only apply to the Lands Tribunal for leave to appeal if he has made an application to the Leasehold Valuation Tribunal for such leave and that application has been refused.\n(2) An application for leave must be made to the Lands Tribunal within 28 days of the date on which the decision of the Leasehold Valuation Tribunal to refuse leave to appeal was sent to the applicant.\n(3) The application for leave shall contain—\n(a) the name and address of the applicant;\n(b) the name and address of every respondent;\n(c) the grounds of appeal against the decision in respect of which leave to appeal is sought;\n(d) where the applicant is represented, the name, address and profession of the representative; and\n(e) the signature of the applicant or his representative and the date the application was signed.\n(4) The application for leave shall be accompanied by—\n(a) a copy of the decision against which leave to appeal is being sought;\n(b) a copy of the decision of the Leasehold Valuation Tribunal refusing leave to appeal;\n(c) the fee payable to the Lands Tribunal in respect of the proposed appeal.\n(5) The applicant shall deliver or send the application for leave to appeal to the Lands Tribunal together with sufficient copies for service upon each respondent.\n(6) Upon receiving an application for leave to appeal the registrar shall—\n(a) serve a copy of the application on each respondent;\n(b) inform the applicant of the date on which this was done; and\n(c) enter details of the application in the register of appeals.\n(7) The registrar shall, when serving a copy of the application, notify each respondent of the time limit, specified by the Tribunal, within which any written representations relating to the application must be made to the Tribunal.\nDetermination of application\n5D (1) The Tribunal shall determine an application for leave without a hearing unless it considers that there are special circumstances which make a hearing necessary or desirable.\n(2) The registrar shall serve on the applicant and each respondent a notice recording the decision of the Tribunal on the application for leave.\nRefusal of leave to appeal\n5E If the Tribunal refuses leave to appeal the registrar shall refund to the applicant the fee paid in respect of the appeal.\nLeave to appeal\n5F (1) If the Tribunal grants leave to appeal it may do so on such conditions as it thinks fit including conditions relating to the costs of the appeal.\n(2) The registrar shall note in the register of appeals that the appeal is proceeding unless the applicant notifies him, within 14 days of the date of service of the notice recording the decision to grant leave, that he does not wish to proceed with the appeal.\n(3) The registrar shall serve notice on each respondent that the appeal is proceeding with details of the number of the appeal entered on the register which shall constitute the title of the appeal.\nApplication of Part 111 (Appeals)\n5G Where an appeal proceeds following the grant of leave to appeal under this Part—\n(a) rule 6 shall not apply to the appeal; and\n(b) rule 7 shall apply as if the reference to the notice of appeal was a reference to the notice that the appeal is proceeding referred to in rule 5F(3).\nApplication of Part V111 (General Procedure)\n5H In Part V111, reference to an appeal shall include reference to an application for leave to appeal under this Part.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1985 c. 70; Section 31A was inserted by the Housing Act 1996 (c. 52), section 83."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1987 c. 31. Section 24A was inserted by the Housing Act 1996 (c. 52), section 86."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1965/article/4",
    "retrieved_at": "2026-10-29T11:58:32.529756+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}