Explanatory note
(This note is not part of the Rules)
These Rules give effect to section 175 of the Commonhold and Leasehold Reform Act 2002 which provides that permission to appeal to the Lands Tribunal from a leasehold valuation tribunal is required in all cases and that a party may not be ordered to pay costs in such appeals unless the Tribunal considers that he has “acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the appeal” (section 175(6)).
In addition minor amendments have been made to the 1996 Rules to bring them in line with the terminology of the 2002 Act.
Rule 9 provides that the 1996 Rules shall apply to appeals commenced before the coming into force of section 175 in relation to Wales as if these Rules had not been made. This rule will ensure that the existing Rules shall continue to apply to appeals commenced before the coming into force of section 175 in relation to Wales.