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You are here: BAILII >> Databases >> England and Wales Lands Tribunal >> St Mary's Mansions Ltd v J Iannaccone & Ors [2001] EWLands LRX_11_1002 (22 May 2001) URL: https://www.bailii.org/ew/cases/EWLands/2001/LRX_11_1002.html Cite as: [2001] EWLands LRX_11_1002 |
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[2001] EWLands LRX_11_1002 (22
May 2001)
LRX/11
/2001
LANDS TRIBUNALACT
1949
SERVICE CHARGES – application for leave to appeal against interlocutory decision of LVT – whether right of appeal against such decision under para2
of
Schedule 22
to
Housing Act
1980 – whether LVT's decision fixing hearing date lawful – held right of appeal extends to any decision or order of LVT – LVT decision not unlawful – need for new Lands Tribunal Rules
IN THE MATTER of an APPLICATION for LEAVE to APPEAL
against a DECISION of the LEASEHOLD VALUATION TRIBUNAL
for the LONDON RENT ASSESSMENT PANEL
BETWEEN ST MARY'S MANSIONS LIMITED Applicant
and
J IANNACCONE & OTHERS Respondents
Re: Block of Residential Flats
St Mary's Mansions
St Mary's Terrace
London W2 1SQ
Before: The President
Sitting at 48/49 Chancery Lane, London WC1A 1JR
on 25 April 2001
The following cases are referred to in this decision:
Oswestry Corporation v Hudd (VO) [1966] 1 WLR 363
Re Sarum Properties Ltd [1999] 17 EG 136
Re Speedwell Estates Ltd [1999] 27 EG 128
R v London Leasehold Valuation Tribunal, ex parte Daejan Properties Ltd [2000] 3 EGLR 44
Flannery v Halifax Estate Agencies Ltd [2000] 1 WLR 377
R v Immigration Tribunal ex parte Khan (Mohammed) [1983] QB 790
Synstar Computer Services (UK) Ltd v ICL (Sorbus) Ltd (The Times 1 May 2001)
DPP v Scarlett [2000] 1 WLR 515
A J Bekhor & Co Ltd v Bilton [1981] QB 923
Michael Daiches, instructed by Morgan Cole, for the applicant
Edward Denehan instructed by Maunder Taylor, chartered surveyors, for the respondents
REASONS FOR DECISION
The Tenancies
The LVT proceedings
The county court proceedings
Interlocutory proceedings
The Lands Tribunal's appellate jurisdictions
"The jurisdiction conferred by thisAct
on a leasehold valuation tribunal is exercisable by a rent assessment committee constituted in accordance with
Schedule 10
to the Rent
Act
1977 which when so constructed for the purpose of exercising any such jurisdiction shall be known as a leasehold valuation tribunal".
Provisions in the same terms are to be found in sections 24A and 52A(1) of the Landlord and TenantAct
1987 and in similar terms in section 91(1) and (3) of the Leasehold Reform,
Housing
and Urban Development
Act
1993.
"2
. No appeal shall be from a decision of a leasehold valuation tribunal to the High Court by virtue of section
11
(1) of the Tribunals and Inquiries
Act
1992 and no case may be stated for the opinion of the High Court in respect of such a decision, but any person who –
(a) appeared before a tribunal in proceedings to which he was a party; and
(b) is dissatisfied with its decision.
may within such time as rules under section 3(6) of the Lands TribunalAct
1949 may specify appeal to the Lands Tribunal."
In its original form it had included reference to section 13(1) of the Tribunals and InquiriesAct
1971, which made the same provision as section
11
(1) of the 1992
Act
.
"(6) No appeal shall lie to the Lands Tribunal from a decision of a leasehold valuation tribunal under thisAct
without the leave of the leasehold valuation tribunal concerned or the Lands Tribunal."
A similar provision is contained in section 24A(7) of the 1987Act
.
"(7) On any such appeal –
(a) the Lands Tribunal may exercise any power available to the leasehold valuation tribunal in relation to the original matter, and
(b) an order of the Lands Tribunal may be enforced in the same way as an order of the leasehold valuation tribunal."
Similar provision is made by section 24A(8) of the 1987Act
, but there is no equivalent provision in relation to Parts I and III of the 1987
Act
or the 1993
Act
.
"(1) Subject to subsection (2
), if any party to proceedings before any tribunal specified in paragraph…37…of
Schedule
1 is dissatisfied in point of law with a decision of the tribunal he may, according as rules of court may provide, either appeal from the tribunal to the High Court or require the tribunal to state and sign a case for the opinion of the High Court."
Paragraph 37 refers to "Rent assessment committees constituted in accordance withSchedule 10
to the Rent
Act
1977".
"(10
) In this section 'decision' includes any direction or order, and references to the giving of a decision shall be construed accordingly."
So defined, he says, "decision" is clearly not confined to a final decision. The provision expressly says that it covers any decision or order. Where the word appears in the exclusion provision in paragraph2
of
Schedule 22
to the 1980
Act
it can only be being used in this sense, and the right of appeal that is given in the same paragraph must be in respect of any decision for which the section
11
(
10
) right of appeal is removed. For the tenants, Mr Edward Denehan does not advance any argument to the contrary related to the wording of the provision. He simply urges me to follow the decisions in Sarum Properties and Speedwell Estates.
Thegrounds
of challenge
"it shall be the duty of the tribunal …to furnish a statement, either written or oral, of the reasons for the decision if requested, on or before the giving or notification of the decision, to state the reasons."
Powers of the Lands Tribunal
Dated22 May 2001
George Bartlett QC, President