Section 44: No first-instance applications to the High Court in tribunal matters

Leasehold and Freehold Reform Act 2024 · 2024 c. 22View on legislation.gov.uk

Part 2: Leasehold enfranchisement and extension

Where jurisdiction in respect of a matter is conferred on the appropriate tribunal exclusively under the LRA 1967 or a specified provision of the LRHUDA 1993, a person may not apply to the High Court in respect of that matter.

Subsection (1) has no effect in relation to any proceedings that may be brought in the High Court for the purpose of challenging a decision, declaration, direction or order of the appropriate tribunal.

The specified provisions of the LRHUDA 1993 are—

Chapters 1, 2, 4 and 7 of Part 1;
section 88.

In subsection (1) "appropriate tribunal" has the same meaning as in the LRA 1967 or the specified provision of the LRHUDA 1993 (whichever is relevant).

For the purposes of this section, jurisdiction in respect of a matter is conferred on the appropriate tribunal exclusively where—

a provision of the LRA 1967 or the LRHUDA 1993 provides for the matter to be determined by the appropriate tribunal alone (and not by a court or the appropriate tribunal), or
proceedings in respect of the matter fall within the jurisdiction of the appropriate tribunal by virtue of section 21A of the LRA 1967 or section 91A of the LRHUDA 1993.

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