The DV (as defined in s.622 HA 1985 - see para 37 below) has the statutory duty to determine or re-determine values under s.128(1) HA 1985. Due to its statutory nature determination casework has priority above non-statutory work carried out by DVs. This role arises in relation to:-

a. : s.128(1) HA 1985

The value of a dwelling-house for s.125 notice purposes. S.128(2) HA 1985 gives a tenant the right to ask for the value to be determined by the DV (see para 34).

b. : s.158(1) HA 1985

The value for repurchase by authorities of dwelling-houses in National Parks and areas of outstanding natural beauty and designated rural areas where there is a repurchase option under s.157(4) and the parties do not agree a price between themselves (s.158(1) HA 1985 - see para 63).

c. : Sch 8 HA 85

The value of a dwelling-house for shared ownership lease purposes at the time of initial valuation for purchase of a share (s.148); at the time of additional contributions (para 3 Sch 8); and at the time of payment for an outstanding share on disposal (paras 6 Sch 8). The DV's role is set out in para 11 Sch 8 HA 1985 (see para 70). Although the statutory shared ownership scheme has been abolished DVs may still be required to provide valuations for shared ownership leases previously granted.

d. : Sch 17 HA 1985

Where a landlord authority has granted a mortgage on a RTB or other disposal in the circumstances of s.452 and it subsequently vests the dwelling back in itself as mortgagee (s.452 and Sch 17) and the authority and the mortgagor are not able to agree the value of the dwelling-house it will be determined by the DV under para 3 sch 17 HA 1985 (see para 76).

The procedure is set out in s.128 HA 1985 which applies to all determinations under Part V HA 1985. S.128(2) and (3)(a) specifically covers the right of the tenant to have a value determined, or as the case may be, re-determined by the DV. S.128(3)(b) deals with the landlord's right to require the DV's re-determination after other matters have been settled by the court. S.128 is triggered by the tenant's serving a notice in writing on the landlord, not later than three months after the service on the tenant of the s.125 notice which contains the valuation, requiring the value to be determined. By virtue of s.128(1), that determination must be made by the 'district valuer'.

In view of the DV's statutory determination role it is essential that the independence of the DV is preserved and that this is seen to be the case. Consequently extreme care must be exercised, particularly where earlier advice has been given, to avoid being compromised. S.128 determinations must always be made and signed by a valuer other than the one who made any earlier s.127 reports in respect of the same property.

In those cases where the original valuation appealed against is the result of advice to an authority from the DV's own office, the most particular care is needed to demonstrate an entirely impartial and thorough reconsideration of the whole matter. Consequently it is suggested that normally s.127 reports are signed by Senior Valuers or VEs leaving Principal Valuers where they have not signed s.127 reports, free for such determinations. It is for DVs to ensure that satisfactory arrangements are made to cover all eventualities so as to avoid any compromising of their independent statutory determination rôle.

In all instances the person carrying out the determination must be a different person from that who made or had any dealings with the initial valuation. Care must be taken to ensure that a determination is not made by a valuer who contributed to an earlier s.127 case file, or become compromised by separate correspondence on the valuation elsewhere. Any such earlier actions could lead to adverse comment about a DV's having prejudiced their determination rôle if the DV's case files subsequently become subject to scrutiny by an ombudsman, or else lead to a request for judicial review.

The DV's determination is final although a re-determination can arise where subsequent to a determination proceedings take place between the landlord and the tenant - see s.128(2) HA 1985. Although the determination or re-determination by the DV under ss.128, 158 and para 11 Sch 8 HA 1985 is expressly excluded from challenge in the county court by s.181(1) HA 1985, the actions and procedures followed by the DV may be challenged and reviewed in the High Court and it is imperative that the DV's statutory function is discharged in an efficient and thorough manner that is seen to be scrupulously fair. The Court of Appeal considered the DV's function in Norwich City Council v The

Secretary of State for the Environment (1982) 1 All ER 737. This case was one where the landlord authority was dragging its feet and preventing tenants exercising their RTB so that the Secretary of State intervened under s.23 HA 1980. The Council was resisting using the services of the DV to provide valuations for s.6 (now s.125) purposes on the grounds that it would conflict with the determination rôle. The then current instructions setting out VO procedure, which are now incorporated in this Chapter Instruction, were referred to. In the judgement these steps taken to ensure independence in carrying out s.11 (now s.128) determinations, where the DV's office had also provided s.6 (now s.127) valuations for s.10 (now s.125) notices, were approved. Particular mention was made that determinations were only made by the actual District Valuer himself or the deputy.

Wherever possible determinations should be dealt with by Senior Valuers or where not available, Principal Valuers. Where these are under pressure suitably qualified and experienced Valuation Executives may be nominated to act as district valuers for the purpose of s.128 and other determinations.

See para 38 below concerning the proper appointment of all valuers in advance of their undertaking their intended statutory determination duties.

The statutory definition of 'district valuer' is contained in s.622 HA 1985 as amended by the References to Rating (Housing) Regulations 1990 (SI 1990 No 434). The definition now reads '"District Valuer" in relation to any land in the district of a local housing authority, means an officer of the Commissioners of Inland Revenue appointed by them for the purpose of exercising, in relation to that district, the functions of the district valuer under this Act'.

District Valuers, Principal Valuers and nominated Senior Valuers and Valuation Executives (for which see para 36 above) may only carry out RTB and other statutory determination functions where specifically appointed as district valuers for that purpose by the Commissioners of Inland Revenue under the Housing Act 1985. Nominations should be made by DVs to the Director of District Valuer Services. The formal appointment will be made by the Director of Business Resources acting under delegated authority from the Commissioners and will relate to named local housing authority districts (which are the same as rating districts).

All appointments will be placed in valuer's personal files retained in CEO and valuers will be notified individually of the authorizations placed in their files. The VO 9053 inspection document is not an appointment authorization. Valuers cannot carry out determinations prior to notification of appointment to specified housing authority districts.

Because of the formality of s.128 and the trigger referred to in para 34 above, direct approaches from tenants should be declined by DVs with advice to them to refer to their landlords.

Upon receipt of a formal reference from a landlord authority, the DV must at once ascertain whether all the relevant information needed has been received. Unless they have accompanied the reference, the DV should forthwith invite both the tenant and the landlord to lodge with the DV any representations that they wish to make under that section. At the same time the DV should state his/her intention to inspect the property and should invite both the parties to attend that inspection and to make verbal representations at that time if they so wish.

Cases of verbal representation should be handled with care and an accurate note must be kept of all that is said. In some contentious cases the DV may feel that a record of the DV's notes should be agreed by both the parties before issuing the determination. The DV should not issue the determination if there is a disagreement outstanding between the parties that is material to it.

Section 128(4) states that the DV shall consider any representations made to him by the landlord or the tenant within four weeks from the service of the tenant's notice. This should not be taken to mean that the DV should not have regard to representations made outside that time limit, merely that the DV is bound to have regard to any made within that time limit. In some cases the reference from the landlord is not made to the DV until after that period has expired and for the DV to refuse to consider any representations merely due to the expiry of the time limit might not accord with the principles of natural justice.

It is not necessary for the DV to exchange the representations between the parties. However, if one party requested sight of the other party's representations, the DV should comply with the request and ensure that both sets of representations are exchanged in order to demonstrate that there were no bias in the DV's approach to the determination.

The DV has the duty to value a dwelling-house whenever required to do so under s.128(1). Consequently the DV should not become involved in other matters. If the parties cannot agree matters of dispute, other than value, these will have to be determined by proceedings in court and the DV should hold back the determination until the matter in dispute is settled in those cases where it would affect value. Such matters might concern what property should be included in the RTB or whether the property were a house or a flat.

However, the DV should not delay the valuation if the matters in dispute are within his sphere of expertise eg the state of repair, because it should be within the DV's competency, if necessary with the assistance of the specialist reports, to assess the effect of this upon the value of the property.

If the DV were requested to provide a valuation report (not a formal determination) in connection with court proceedings the request should be referred to CEO(LS). Normally authority to provide such a report would not be given unless both parties to the dispute joined in the request.

a. time limits for all determinations

There are no statutory time limits within which the DV must determine values but cases should be reported within two months of receipt of the request from the landlord. The four week period for representations to be made to the DV by the parties, referred to in s.128(4), need only cause delay where such are awaited. Priority must be given to all s.128 and other determinations as these are statutory work. Requests for Mining Subsidence Reports from MVs should be sent as soon as possible after receipt of the case.

b. requests for information

Where the DV requires information from the landlord authority this should be requested in writing at the earliest date possible and if not received, followed up at regular appropriate intervals thereafter. If a DV perceives that any particular authority habitually procrastinates in requesting determinations and/or responding to material questions addressed to it the DV should inform CEO(LS). Where appropriate CEO(LS) will notify DTLR and it is possible that DTLR will then take up the delays with the authority direct.

c. monitoring

It is the responsibility of the DV to see that back-logs do not build up within Districts as these can result in considerable political interest.