# The Leasehold Valuation Tribunals (Procedure) (Amendment) (Wales) Regulations 2005, Note: Explanatory note


(This note is not part of the Regulations)
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.

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Source: https://www.legislation.gov.uk/wsi/2005/1356/note (the official version)
Page: https://openlegislation.uk/leasehold-valuation-tribunals-procedure-amendment-wales-regulations-2005/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.