The provisions which cover cases which have been started in the LVT and have survived its demise appear in Schedule 3 to the Transfer of Tribunal Functions Order 2013/1036. Here are the main rules which will affect service charge cases as they appear in Schedule 3:
1. Any proceedings before an old tribunal which are pending immediately before 1st July 2013 shall continue on and after that date as proceedings before the First-tier Tribunal.
2. Any case in the process of being referred to an old tribunal on 1st July 2013 shall continue on or after that date as a case being referred to the First-tier Tribunal.
(1) The following sub-paragraphs apply where proceedings are continued in the First-tier Tribunal by virtue of paragraph 1.
(2) Where a hearing began before 1st July 2013 but was not completed by that date, the First-tier Tribunal must be comprised for the continuation of that hearing of the person or persons who began it.
(3) The First-tier Tribunal may give any direction to ensure that proceedings are dealt with fairly and, in particular, may—
(a) apply any provision in procedural rules which applied to the proceedings before 1st July 2013; or
(b) disapply provisions of Tribunal Procedure Rules.
(4) In sub-paragraph (3) “procedural rules” means provision (whether called rules or not) regulating practice or procedure before an old tribunal.
(5) Any decision (whether or not called a decision) or direction or order given or made in proceedings which is in force immediately before 1st July 2013 remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.
(6) A time period which has started to run before 1st July 2013 and which has not expired shall continue to apply.
(7) An order for costs may only be made if, and to the extent that, an order could have been made before 1st July 2013.
8. For the purposes of this Schedule, “an old tribunal” means— …
(d) a rent assessment committee functioning as a leasehold valuation tribunal in England; …
Despite their length, the transitional provisions are quite straightforward.
Paragraphs 1 & 2
In short, every case which is mid-transfer, and every case which had not been disposed of by the LVT immediately becomes a First-tier Tribunal case and all of the new rules apply immediately.
This is not quite as overwhelming as it might at first appear, because the new Tribunal has the power, at its discretion, to continue to apply the old rules/disapply the new rules.
There are three principle points worth noting: