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Commonhold and Leasehold Reform Act 2002

Fees

416.Paragraph 9 provides that procedure regulations may require payment of application fees and additional fees for an oral hearing for disputes where fees are currently payable (i.e. those relating to service charges under the 1985 Act, as amended by this Act,(3) and for the appointment of a manager under Part 2 of the 1987 Act), for disputes about administration charges under Schedule 11 to the Act, for applications for variation of a lease under Part 4 of the 1987 Act (as amended by section 163 of the Act) and for determination of breaches of covenant or condition under section 168 of the Act.  Regulations may empower a LVT to require a party to the proceedings to reimburse a fee paid by another party.  Regulations may also provide for fees to be reduced or waived in cases where the applicant has limited financial resources.  The amount of any fees shall be prescribed by regulations.  Where regulations set a total fee for both an application and oral hearing exceeding £500 (paragraph 9(3)(b)) a draft of the regulations must be laid before, and approved by resolution of, each House (Section 178).

3

Note that this Act extends the jurisdiction of LVTs under the 1985 Act (see Sections 150, 151, 152 and 155).  The power to set fees would also apply in such cases.

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