Legalize / United Kingdom / Statutory-Instrument

The Residential Property Tribunal Procedures and Fees (England) Regulations 2011

Type Statutory-Instrument

Publication 2011-04-04

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) where the application relates to refusal to vary a licence, a copy of the LHA’s notices under paragraphs 19 and 21 of that Schedule;

(c) where the application relates to a decision to revoke a licence, a copy of the LHA’s notices under paragraphs 22 and 24 of that Schedule;

(d) where the application relates to refusal to revoke a licence, a copy of the LHA’s notices under paragraphs 26 and 28 of that Schedule; and

(e) in all cases a copy of the licence.

(3) The specified respondent is the LHA.

Applications relating to interim and final management orders

22

(1) This paragraph applies to an application under section 102(4) of the 2004 Act (LHA application for authorisation to make an interim management order).

(2) The specified documents are—

(a) a copy of the draft order; and

(b) a statement of matters relevant to the tribunal’s consideration of—

(i) whether the health and safety condition in section 104 of the 2004 Act is satisfied; and

(ii) the extent to which any applicable code of practice approved under section 233 of the 2004 Act has been complied with; and

(iii) where the LHA requests that the application be dealt with as a matter of urgency under regulation 10, a statement giving sufficient details to enable the tribunal to form an opinion as to whether the exceptional circumstances mentioned in paragraph (3) of that regulation appear to exist.

(3) The specified respondent is a relevant person as defined in paragraphs 8(4) and 35 of Schedule 6 to the 2004 Act.

23

(1) This paragraph applies to an application under section 102(7) of the 2004 Act (LHA application for authorisation to make an interim management order in respect of a house to which section 103 of the 2004 Act applies).

(2) The specified documents are—

(a) a copy of the draft order;

(b) a statement of matters relevant to the tribunal’s consideration as to whether the conditions in section 103(3) and (4) of the 2004 Act are satisfied; and

(c) where the LHA requests that the application be dealt with as a matter of urgency under regulation 10, a statement giving sufficient details to enable the tribunal to form an opinion as to whether the exceptional circumstances mentioned in paragraph (3) of that regulation appear to exist.

(3) The specified respondent is a relevant person as defined in paragraphs 8(4) and 35 of Schedule 6 to the 2004 Act.

24

(1) This paragraph applies to an application under section 105(10) of the 2004 Act (LHA application for order that an interim management order continue in force pending disposal of appeal).

(2) The specified documents are—

(a) a copy of the interim management order; and

(b) a copy of the notice of appeal under paragraph 24 of Schedule 6 to the 2004 Act against the making of a final management order.

(3) The specified respondent is the applicant who has made the relevant appeal.

25

(1) This paragraph applies to an application under section 110(7) of the 2004 Act (application by relevant landlord for order regarding financial arrangements while interim management order in force).

(2) The specified documents are—

(a) a copy of the interim management order; and

(b) a copy of the accounts kept by the LHA in accordance with section 110(6).

(3) The specified respondent is the LHA.

26

(1) This paragraph applies to an application under section 114(7) of the 2004 Act (LHA application for order that existing final management order continue in force pending disposal of appeal against new final management order).

(2) The specified documents are—

(a) a copy of the existing final management order;

(b) a copy of the new final management order made in order to replace it; and

(c) a copy of the notice of appeal under paragraph 24 of Schedule 6 to the 2004 Act against the making of the new final management order.

(3) The specified respondent is the applicant who has made the relevant appeal.

27

(1) This paragraph applies to an application under section 120(1) of the 2004 Act (application by an affected person for order that LHA manage in accordance with management scheme in final management order).

(2) The specified document is a copy of the final management order which contains the management scheme to which the application relates.

(3) The specified respondent is the LHA.

28

(1) This paragraph applies to an application under section 126(4) of the 2004 Act (application for adjustment of rights and liabilities with regard to furniture vested in LHA while management order in force).

(2) The specified documents are—

(a) a copy of the relevant management order; and

(b) a statement giving details of the respective rights and liabilities (including ownership) of the persons interested in the furniture.

(3) The specified respondent is the other person interested in the furniture.

29

(1) This paragraph applies to an application under section 130(9) of the 2004 Act (application to determine who is “the relevant landlord” for the purposes of section 130 on termination of management order).

(2) The specified document is a copy of the management order.

(3) The specified respondent is the other relevant landlord[^f00024].

30

(1) This paragraph applies to an application under paragraph 24 of Schedule 6 to the 2004 Act (appeal against making of a management order, or against the terms of the order or of associated management scheme).

(2) The specified documents are—

(a) a copy of the management order (including the management scheme);

(b) a copy of the notice served by the LHA under paragraph 7(2)(b) of Schedule 6 to the 2004 Act;

(c) where the application relates to the terms of the management order, a statement specifying each term to which objection is made, with reasons for the objection; and

(d) where the application is made on the ground specified in paragraph 24(3) of Schedule 6 to the 2004 Act, a statement of the matters in section 110(5) of the 2004 Act (which relates to payments of surplus rents etc) relevant to that ground.

(3) The specified respondent is the LHA.

31

(1) This paragraph applies to an application under paragraph 28 of Schedule 6 to the 2004 Act (appeal against LHA’s decision to vary or revoke, or to refuse to vary or revoke, a management order).

(2) The specified documents are—

(a) where the application relates to a decision to vary a management order, a copy of the LHA’s notices under paragraphs 9 and 11 of Schedule 6 to the 2004 Act;

(b) where the application relates to refusal to vary a management order, a copy of the LHA’s notices under paragraphs 14 and 16 of that Schedule;

(c) where the application relates to a decision to revoke a management order, a copy of the LHA’s notices under paragraphs 17 and 19 of that Schedule;

(d) where the application relates to refusal to revoke a management order, a copy of the LHA’s notices under paragraphs 20 and 22 of that Schedule; and

(e) in any case—

(i) a copy of the management order; and

(ii) a copy of the notice served by the LHA under paragraph 7(2)(b) of that Schedule.

(3) The specified respondent is the LHA.

32

(1) This paragraph applies to an application under paragraph 32(2) of Schedule 6 to the 2004 Act (appeal by third party against LHA’s decision under section 128 of the 2004 Act regarding compensation payable to third parties).

(2) The specified documents are—

(a) a copy of the management order (including the management scheme);

(b) a copy of the LHA’s notification of its decision to the third party in accordance with section 128(2) of the 2004 Act; and

(i) the rights in respect of which it is claimed that there has been interference in consequence of the management order; and

(ii) the amount of compensation claimed in respect of that interference.

(3) The specified respondent is the LHA.

Applications in relation to empty dwelling management orders

33

(1) This paragraph applies to an application under section 133(1) of the 2004 Act (LHA application for authorisation to make interim EDMO).

(2) The specified documents are—

(a) a copy of the draft interim EDMO;

(b) a statement of evidence—

(i) in respect of the matters as to which the tribunal must be satisfied under section 134(2) of the 2004 Act;

(ii) of the LHA’s consideration of the rights and interests specified in section 133(4) of the 2004 Act; and

(c) where the LHA in accordance with section 133(3) of the 2004 Act notified the relevant proprietor that it was considering making an interim EDMO, a copy of the notification.

(3) The specified respondent is the relevant proprietor[^f00025].

34

(1) This paragraph applies to an application under section 138(1) of the 2004 Act (application while interim EDMO in force for order that the LHA pay compensation to third party for interference with rights).

(2) The specified documents are—

(a) a copy of the interim EDMO;

(b) a copy of the LHA’s notification of its decision to the third party in accordance with section 138(4) of the 2004 Act; and

(i) the rights in respect of which it is claimed that there has been interference in consequence of the interim EDMO; and

(ii) the amount of compensation claimed in respect of that interference.

(3) The specified respondent is the LHA.

35

(1) This paragraph applies to an application under paragraph 1(7) of Schedule 7 to the 2004 Act (LHA application for order that interim EDMO continue in force pending disposal of appeal under paragraph 26 of that Schedule).

(2) The specified documents are—

(a) a copy of the interim EDMO; and

(b) a copy of the notice of appeal under paragraph 26 of Schedule 7 to the 2004 Act against the making of an interim EDMO.

(3) The specified respondent is the applicant who has made the relevant appeal.

36

(1) This paragraph applies to an application under paragraph 2(3)(d) or paragraph 10(3)(d) of Schedule 7 to the 2004 Act (LHA’s application for order under paragraph 22 of that Schedule determining a lease or licence while interim or final EDMO is in force).

(2) The specified documents are—

(a) a copy of the interim or final EDMO (including any management scheme);

(b) a copy of the relevant lease or licence, or if not available, evidence of the existence of the lease or licence; and

(i) the name and address where known of any lessor, lessee, sub-lessor, sub-lessee or licensee;

(ii) evidence of matters in respect of which the tribunal must be satisfied under paragraph 22(1)(b) of Schedule 7 to the 2004 Act; and

(iii) the amount of compensation (if any) which the LHA is willing to pay in respect of the determination of the lease or licence, including details of how such compensation has been calculated.

(3) The specified respondents are the parties to the lease or licence.

37

(1) This paragraph applies to an application under paragraph 5(7) of Schedule 7 to the 2004 Act (application by relevant proprietor for order in connection with financial arrangements while interim EDMO in force).

(2) The specified documents are—

(a) a copy of the interim EDMO; and

(b) a copy of the accounts kept by the LHA in accordance with paragraph 5(6) of Schedule 7 to the 2004 Act.

(3) The specified respondent is the LHA.

38

(1) This paragraph applies to an application under paragraph 9(8) of Schedule 7 to the 2004 Act (application by LHA for order that final EDMO should continue in force pending disposal of an appeal under paragraph 26).

(2) The specified documents are—

(a) a copy of the final EDMO; and

(b) a copy of the notice of appeal under paragraph 26 of Schedule 7 to the 2004 Act against the making of a final EDMO.

(3) The specified respondent is the applicant who has made the relevant appeal.

39

(1) This paragraph applies to an application under paragraph 14(1) of Schedule 7 to the 2004 Act (application by an affected person for order that LHA manage dwelling in accordance with management scheme in final EDMO).

(2) The specified document is a copy of the final EDMO (including the management scheme).

(3) The specified respondent is the LHA.

40

(1) This paragraph applies to an application under paragraph 26(1) of Schedule 7 to the 2004 Act (appeal against LHA’s decision to make final EDMO or against terms of the order or of associated management scheme).

(2) The specified documents are—

(a) a copy of the final EDMO (including the management scheme);

(b) where the application relates to the terms of the management order, a statement specifying each term to which objection is made, with reasons for the objection; and

(c) where the application is made on the ground specified in paragraph 26(1)(c) of Schedule 7 to the 2004 Act, a statement of the matters in paragraph 5(5)(a) and (b) of that Schedule (which relate to payments of surplus rents etc) relevant to that ground.

(3) The specified respondent is the LHA.

41

(1) This paragraph applies to an application under paragraph 30 of Schedule 7 to the 2004 Act (appeal against LHA’s decision to vary or revoke, or to refuse to vary or revoke, an interim or final EDMO).

(2) The specified documents are—

(a) where the application relates to a decision to vary an interim or final EDMO, a copy of the LHA’s notices under paragraphs 9 and 11 of Schedule 6 to the 2004 Act (as applied by paragraph 17 of Schedule 7 to that Act);

(b) where the application relates to refusal to vary an interim or final EDMO, a copy of the LHA’s notices under paragraphs 14 and 16 of that Schedule;

(c) where the application relates to a decision to revoke an interim or final EDMO, a copy of the LHA’s notices under paragraphs 17 and 19 of that Schedule;

(d) where the application relates to refusal to revoke an interim or final EDMO, a copy of the LHA’s notices under paragraphs 20 and 22 of that Schedule; and

(e) in any case a copy of the interim or final EDMO (as the case may be).

(3) The specified respondent is the LHA.

42

(1) This paragraph applies to an application under paragraph 34(2) of Schedule 7 to the 2004 Act (appeal against LHA’s decision under section 136(4) or 138(3) of the 2004 Act in respect of compensation payable to third parties for interference with rights in consequence of final EDMO).

(2) The specified documents are—

(a) a copy of the final EDMO (including the management scheme);

(b) where the third party has requested compensation under section 138 of the 2004 Act, a copy of the LHA’s notification of its decision to the third party in accordance with subsection (4) of that section; and

(i) the rights in respect of which it is claimed that there has been interference in consequence of the final EDMO; and

(ii) the amount of compensation claimed in respect of that interference.

(3) The specified respondent is the LHA.

Applications in relation to overcrowding notices

43

(1) This paragraph applies to an application under section 143(1) of the 2004 Act (appeal by a person aggrieved by overcrowding notice).

(2) The specified document is a copy of the overcrowding notice, or a statement by the applicant explaining the circumstances by reason of which the applicant is not able to provide a copy of this notice.

(3) The specified respondent is the LHA.

44

(1) This paragraph applies to an application under section 144(2) (appeal by relevant person against LHA’s refusal to revoke or vary an overcrowding notice, or against failure by the LHA to respond in time to an application to revoke or vary it).

(2) The specified documents are—

(a) a copy of the overcrowding notice; and

(b) where the LHA refused to vary an overcrowding notice, a copy of the LHA’s decision.

(3) The specified respondent is the LHA.

Applications made under the 1985 Act

Applications relating to demolition orders

45

(1) This paragraph applies to an application under section 269(1) of the 1985 Act[^f00026] (appeal by person aggrieved by demolition order).

(2) The specified documents are—

(a) a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it); and

(b) the statement of reasons; and

(c) where the ground or one of the grounds of the application is that one of the courses of action mentioned in section 269A(2)[^f00027] of the 1985 Act is the best course of action in relation to the hazard, a statement identifying that course of action with the applicant’s reasons for considering it the best course.

(3) The specified respondent is the LHA.

46

(1) This paragraph applies to an application under section 272(1) or (2)(a) of the 1985 Act (application in connection with recovery of LHA’s expenses in executing demolition order under section 271 of the 1985 Act including determination of contributions by joint owners).

(2) The specified documents are—

(a) a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it);

(b) the statement of reasons; and

(i) the expenses incurred by the LHA under section 271 of the 1985 Act (execution of demolition order);

(ii) the amount (if any) realised by the sale of materials; and

(iii) the amount the LHA seeks to recover from an owner of the premises.

(3) The specified respondent is the owner of the premises[^f00028].

47

(1) This paragraph applies to an application under section 272(2)(b) of the 1985 Act (application by owner of premises for determination of contribution to LHA’s expenses to be paid by another owner).

(2) The specified documents are—

(a) a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it);

(b) the statement of reasons; and

(i) the owners’ respective interests in the premises; and

(ii) their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

(3) The specified respondent is the owner from whom the applicant seeks a contribution to the LHA’s expenses.

48

(1) This paragraph applies to an application under section 317(1) of the 1985 Act (application by lessor or lessee of premises in respect of which demolition order has become operative, for an order varying or determining lease).

(2) The specified documents are—

(a) a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it);

(b) the statement of reasons;

(d) a statement of the name and address of any other party to the lease and of any party to an inferior lease.

(3) The specified respondent is the other party to the lease.

Applications relating to work on unfit premises

49

(1) This paragraph applies to an application under section 318(1) of the 1985 Act[^f00029] (application by person with interest in premises for authorisation by tribunal of execution of works on unfit premises or for improvement).

(2) The specified documents are—

(a) details of the work which the applicant proposes to carry out including—

(i) names and addresses of proposed contractors where relevant;

(ii) an estimate of the costs of the work; and

(iii) a timetable for starting and completing the work;

(b) where the application is made on the ground mentioned in section 318(1)(b) of the 1985 Act, details of—

(i) the scheme of improvement or reconstruction which the applicant wishes to carry out; and

(ii) the LHA’s approval of the scheme;

(c) a statement of the financial standing of the applicant including disclosure of funds available to meet the estimated costs of the work; and

(d) where the application includes a request for an order determining a lease held from the applicant or a derivative lease, a copy of that lease.

(3) The specified respondents are—

(a) the person with a right to possession of the premises;

(b) the owner of the premises[^f00030].

Applications relating to the exception to right to buy of dwelling-houses particularly suitable for occupation by elderly persons

50

(1) This paragraph applies to an application under paragraph 11(4) of Schedule 5 to the 1985 Act (exceptions to the right to buy).

(2) The specified documents are—

(a) a copy of the notice exercising the right to buy;

(b) a copy of the notice served on the tenant denying that right; and

(3) The specified respondent is the landlord of the applicant.

Applications made under the 1983 Act

Applications relating to failure to give a written statement

51

(1) This paragraph applies to an application under section 1(6) of the 1983 Act (right to have a written statement).

(2) The specified documents are any documents given by the site owner to the occupier that the site owner is required to give under section 1(2) of the 1983 Act.

(3) The specified respondent is the site owner.

Applications relating to additional implied terms or variation or deletion of implied terms

52

(1) This paragraph applies to an application under section 2(2) of the 1983 Act (terms mentioned in Part 2 of Schedule 1 to the 1983 Act to be implied).

(2) The specified document is a statement specifying the reasons for the applicant applying to have any of the matters mentioned in Part 2 of Schedule 1 to the 1983 Act implied in the agreement between the site owner and the occupier.

(3) The specified respondent is—

(a) where the applicant is the site owner, the occupier; and

(b) where the applicant is the occupier, the site owner.

53

(1) This paragraph applies to an application under section 2(3) of the 1983 Act (varying or deleting any express term of the agreement)—

(2) The specified documents are—

(a) a copy of the agreement; and

(b) a statement specifying—

(i) which express term of the agreement the applicant is asking the tribunal to vary or delete or, in the case of any express term to which section 1(6) of the 1983 Act applies, which term the applicant wants to be given full effect; and

(ii) the reasons for the applicant applying to vary or delete any express term of the agreement, or in the case of any express term to which section 1(6) of the 1983 Act applies, the reasons for wanting that term to be given full effect.

(3) The specified respondent is—

(a) where the applicant is the site owner, the occupier; and

(b) where the applicant is the occupier, the site owner.

Applications relating to any question under the 1983 Act

54

(1) This paragraph applies to an application under section 4 of the 1983 Act (determination of any question arising under the 1983 Act or agreement to which it applies).

(2) The specified documents are—

(a) a copy of the agreement; and

(b) any relevant correspondence that the applicant has given or received in connection with the question to be determined.

(3) The specified respondent is—

(a) where the applicant is the site owner, the occupier; and

(b) where the applicant is the occupier, the site owner.

Applications relating to detrimental effect of mobile homes on the amenity of the site

55

(1) This paragraph applies to an application under paragraph 5A(2)(a) of Chapter 2, or paragraph 6(1)(a) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act (determination by tribunal of detrimental effect of mobile home).

(2) The specified documents are—

(a) any documents served on the occupier by the site owner giving the occupier notice of the site owner’s intention to make an application under paragraph 5A(2) of Chapter 2, or paragraph 6(1) of Chapter 4, of Part 1 of that Schedule 1;

(b) any report that may have been prepared which describes the condition of the mobile home; and

(3) The specified respondent is the occupier.

Applications relating to termination by the site owner

56

(1) This paragraph applies to an application under paragraph 4, 5 or 5A(2)(b) of Chapter 2, or paragraph 4, 5 or 6(1)(b) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act (termination by site owner).

(2) The specified documents are—

(a) a copy of the agreement;

(b) any documents served on the occupier by the site owner giving the occupier notice of the site owner’s intention to make an application under paragraph 4, 5 or 5A(2) of Chapter 2, or paragraph 4, 5 or 6(1) of Chapter 4, of Part 1 of that Schedule;

(c) in the case of an application under paragraph 4 of Chapter 2 or 4 of Part 1 of that Schedule where the alleged breach is failure to pay the pitch fee, a statement of pitch fees due and received during the period in question;

(d) any other relevant documents supporting the application; and

(e) in the case of an application under paragraph 5A(2) of Chapter 2, or paragraph 6(1) of Chapter 4, of Part 1 of that Schedule, a copy of the tribunal determination under that paragraph.

(3) The specified respondent is the occupier.

Applications relating to approval of person on sale or gift of mobile homes

57

(1) This paragraph applies to an application under paragraph 8(1E) (sale of mobile home) or 9(2) (gift of mobile home) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act.

(2) The specified documents are—

(a) a copy of any documents served on the site owner by the occupier under paragraph 8(1A) of Chapter 2 of Part 1 of that Schedule;

(b) any relevant correspondence that the occupier has received from the site owner in which the site owner does not give approval to the sale or gift; and

(c) in the case of an urgent application under paragraph 8 or 9 of Chapter 2 of Part 1 of that Schedule, any documents containing the information required to be given under paragraph (2) of regulation 11 (urgent applications under the 1983 Act relating to sale or gift of a mobile home).

(3) The specified respondent is the site owner.

Applications relating to re-siting of mobile homes

58

(1) This paragraph applies to an application under paragraph 10(1) of Chapter 2, or paragraph 8(1) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act (re-siting of mobile home).

(2) The specified documents are—

(a) any document that specifies the reason for requiring that the occupier’s right to station the mobile home be exercisable for any period in relation to another pitch and providing the description, amenity and size of both the existing pitch and the proposed alternative pitch;

(b) a copy of the agreement relating to the existing pitch and a draft of the proposed agreement relating to the alternative pitch; and

(c) the notification (if any) served by the site owner on the occupier specifying the site owner’s intention to apply to the tribunal under paragraph 10(1) of Chapter 2, or paragraph 8(1) of Chapter 4, of Part 1 of that Schedule.

(3) The specified respondent is the occupier.

Applications relating to return of re-sited mobile homes

59

(1) This paragraph applies to an application under paragraph 10(2) of Chapter 2, or paragraph 8(2) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act (re-siting of mobile home).

(2) The specified documents are—

(a) any request by the occupier to the site owner to return the mobile home to the original pitch and any response received to that request;

(b) a copy of the agreement relating to the existing pitch and the agreement relating to the alternative pitch; and

(c) the notification (if any) served by the occupier on the site owner specifying the occupier’s intention to apply to the tribunal under paragraph 10(2) of Chapter 2, or paragraph 8(2) of Chapter 4, of Part 1 of that Schedule.

(3) The specified respondent is the site owner.

Applications relating to the pitch fee

60

(1) This paragraph applies to an application under paragraph 16(b), 17(4) or 17(8) of Chapter 2, or paragraph 14(b), 15(4) or 15(8) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act (the pitch fee).

(2) The specified document is the notice served on the occupier by the site owner under paragraph 17(2) of Chapter 2, or paragraph 15(2) of Chapter 4, of Part 1 of that Schedule (whether served by the time required under that paragraph or not).

(3) The specified respondent is—

(a) where the applicant is the site owner, the occupier; and

(b) where the applicant is the occupier, the site owner.

Applications relating to improvements to be taken into account in the pitch fee

61

(1) This paragraph applies to an application under paragraph 18(1)(a)(iii) of Chapter 2, or paragraph 16(1)(a)(iii) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act (the pitch fee).

(2) The specified documents are—

(a) a statement of the proposed improvement works;

(b) an estimate of the costs;

(d) details of the consultation undertaken with the occupiers under paragraph 22(e) and (f) of Chapter 2, or paragraph 20(f) and (g) of Chapter 4, of Part 1 of that Schedule and copies of their responses.

(3) The specified respondent is the occupier.

Applications relating to qualifying residents’ associations

62

(1) This paragraph applies to an application under paragraph 28(1)(h) of Chapter 2, or paragraph 26(1)(h) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act (qualifying residents’ association).

(2) The specified documents are—

(a) any request made by the chairman, secretary or treasurer of the residents’ association to the site owner that the site owner recognise the association as a qualifying residents’ association;

(b) any response by the site owner to the request referred to in paragraph (a);

(d) evidence of the number of occupiers of mobile homes on the site who own the mobile home they are occupying and who are members of the residents’ association.

(3) The specified respondent is the site owner.

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Grant Shapps — Minister of State — Department for Communities and Local Government — 4th April 2011

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations apply to England only. Under Part 2 they regulate the procedure to be followed for applications and appeals (jointly referred to as applications) made to a residential property tribunal (“tribunal”) under the Housing Act 2004 (“the 2004 Act”), Part 9 of the Housing Act 1985 (“the 1985 Act”), which relates to demolition orders, paragraph 11(4) of Schedule 5 to the 1985 Act, which relates to appeals against right to buy determinations, and the Mobile Homes Act 1983 (“the 1983 Act); and in Part 3 they make provision for the payment of fees in respect of certain appeals and applications to tribunals.

Regulation 1 specifies the proceedings to which the Regulations apply.

Regulation 2 defines the terms used in these Regulations.

Regulation 3 sets out the overriding objective of dealing fairly and justly with applications and the requirement to co-operate.

Regulation 4 makes provision in connection with requests for extension of time to make an application, in those cases where the 2004 Act or the 1983 Act gives a tribunal power to permit such an extension.

Regulation 5 provides that where a person’s application under the 1983 Act relates to more than one pitch or mobile home the application may refer to one provision of the 1983 Act and the maximum number of pitches or mobile homes to which any single application may relate is 20.

Regulation 6 gives details of the information to be included with an application, and specifies additional documents for particular applications as set out in sub-paragraph (2) of each paragraph of the Schedule to the Regulations.

Regulation 7 makes provision for the procedures that apply where a matter arising under the 1983 Act is transferred from a court to a tribunal.

Regulation 8 makes provision in respect of the tribunal acknowledging an application and sending to the respondent copy documents and a notice specifying the date by which the respondent should reply to the tribunal.

Regulation 9 deals with the respondent’s reply.

Regulation 10 permits a tribunal to hold an urgent oral hearing at short notice where an LHA has applied for authorisation of an interim management order under section 102(4) or (7) of the 2004 Act, and where it appears to the tribunal on the basis of information accompanying the application that specified exceptional circumstances exist.

Regulation 11 permits a tribunal to hold an urgent oral hearing at short notice where an applicant requests a tribunal to deal with an application under paragraph 8(1E) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act or related determination under section 4 of the 1983 Act, where the owner of the protected site upon which a mobile home is situated refuses to consent to the sale or gift of the mobile home.

Regulation 12 describes the additional procedures that apply in respect of an application made under paragraph 5A of Chapter 2, or paragraph 6 of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act for a determination by a tribunal as to whether, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the protected site.

Regulation 13 deals with applications to be joined as a party to the proceedings.

Regulation 14 specifies circumstances where two or more separate applications, or particular issues arising in separate applications, may be determined together.

Regulation 15 provides that where an application fee is unpaid for 14 days, the application is treated as withdrawn unless there are reasonable grounds not to do so.

Regulation 16 enables the duty to supply a document to be satisfied by supplying it to a party’s or interested person’s representative where this is requested in writing.

Regulation 17 requires the tribunal to ensure that interested persons are notified of the application together with an explanation of the procedure for applying to be joined as a party.

Regulation 18 deals with distribution of relevant documents by a tribunal.

Regulations 19 and 20 deal with a tribunal’s powers to order the supply of information and documents, and with failure to comply with such an order.

Regulation 21 enables a tribunal to determine an application without an oral hearing. A minimum of 14 days’ notice must be given to the parties of the intention to proceed in this way. The parties have a right to request an oral hearing. A single qualified member of the panel may decide that an oral hearing is appropriate.

Regulation 22 makes provision for interim orders, other than in the case of determination of an application under section 102(4) or (7) of the 2004 Act.

Regulation 23 makes procedural provision in respect of directions under a tribunal’s general power in section 230(2) of the 2004 Act.

Regulation 24 deals with inspection of the premises and its neighbourhood.

Regulation 25 makes provision for adducing expert evidence to a tribunal.

Regulation 26 enables a tribunal to hold a case management conference (which is defined to include a pre-trial review) on not less than 7 days’ notice to the parties.

Regulation 27 gives details of a tribunal’s remaining case management powers. Regulation 27(1)(a) allows a tribunal to reduce the time specified in the Regulations for various steps in the action where all parties agree to the reduction in question. Regulation 27(1)(b) allows a tribunal to extend the time specified in the Regulations for various steps in the action.

Regulation 28 deals with giving notice appointing the date, time and place of a hearing, and regulation 29 gives a tribunal power to postpone a hearing.

Regulation 30 sets out a tribunal’s powers at a hearing, and regulation 31 makes provision as to when a hearing may be held in private as an exception to the general rule that it should be held in public.

Regulation 32 sets out those who are entitled to be present at hearings held in private and at the tribunal’s deliberations to determine the application.

Regulation 33 enables a tribunal to proceed with a hearing in the absence of a party who fails to appear.

Regulation 34 sets out how and when a tribunal will give its decisions.

Regulation 35 provides that the tribunal must not award costs under its powers contained in paragraph 12 of Schedule 13 to the 2004 Act without giving the party concerned the opportunity to make representations.

Regulation 36 specifies how an application may be withdrawn in whole or part, and stipulates the requirements that must be satisfied in certain circumstances for withdrawal of an application to become effective.

Regulation 37 provides for a decision of a tribunal to be enforced in the county court, with the court’s leave.

Regulation 38 contains provisions relating to requests to a residential property tribunal for permission to appeal to the Upper Tribunal (Lands Chamber). It should be noted that paragraph 11(5B) of Schedule 5 to the Housing Act 1985 provides that there is no appeal from the decision of the residential property tribunal in relation to an application under paragraph 11(4) of that Schedule.

Regulation 39 requires the tribunal to make appropriate arrangements where any person taking part in the proceedings requires translation, interpretation, or other assistance to enable effective participation in the proceedings.

Regulation 40 makes provision about what amounts to supply of a document or notice under the Regulations. The provision includes the circumstances in which communication by fax, electronic communication, or private delivery service will be acceptable.

Regulation 41 provides that if the time specified by these Regulations for doing any act expires on a weekend or public holiday, the act will be in time if done on the next working day.

Regulation 42 gives the tribunal power to dismiss in whole or in part any application considered frivolous, vexatious, or otherwise an abuse of process after giving notice of at least 14 days to the applicant.

Regulation 43 states that irregularities by parties in complying with these Regulations will not in themselves render the proceedings void.

Regulation 44 allows mechanical or other reproduction of a signature, so long as the name of the person signing is added underneath in a way which enables that person to be identified.

Part 3 of these Regulations, which makes provision for the payment of fees in respect of appeals and applications to residential property tribunals, apply in relation to appeals and applications of any of the descriptions specified in regulations 45, 46 and 47.

Regulations 45 and 46 require a fee of £150 to be paid when an application is made to a tribunal under any of the provisions of the 2004 Act or the 1985 Act listed in those Regulations.

Regulation 47 requires a fee to be paid when an application is made to a tribunal under any of the provisions in the 1983 Act that are listed in that regulation. The fee payable ranges from £150 to £500.

Regulations 48 and 49 provide for the person making the application to be liable for payment of the fee and for the fee to be waived where that person or that person’s partner is in receipt of any of the benefits listed in regulation 49(2).

Regulation 50 sets out the circumstances in which the tribunal may order one party to an application to reimburse any fees incurred under regulation 45, 46 or 47 by another party.

The Schedule to the Regulations lists applications which may be made to a tribunal, and in respect of each type of application, specifies the additional documents which must be included with it, and identifies the persons who may be named as respondents to the application.

The Regulations revoke—

(a) the Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005[^f00031];

(b) the Residential Property Tribunal (Fees) (England) Regulations 2006[^f00032]; and

An impact assessment has not been prepared for this instrument as it has no significant impact on the private or voluntary sectors.

Footnotes

[^f00001]: 2004 c.34. The power to make regulations under Schedule 13 is, in relation to Wales, conferred on the Welsh Ministers, see the definition of “appropriate national authority” in section 261 of the Housing Act 2004. As respects Wales, by virtue of paragraph 30(2)(c) of Schedule 11 to the Government of Wales Act 2006 (c.32) the functions formerly exercised by the National Assembly for Wales are now exercisable by the Welsh Ministers.

[^f00002]: 2007 c.15.

[^f00003]: 1983 c.34. The 1983 Act extends to England and Wales and Scotland and has been substantially amended, in England, by sections 206 to 208 of the Housing Act 2004, the Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), the Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), the Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011 (S.I. 2011/1004) and the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003).

[^f00004]: 1985 c.68.

[^f00005]: For the meaning of “interim management order” see section 101(3) of the 2004 Act.

[^f00006]: For the meaning of “local housing authority” see section 261(2) of the 2004 Act.

[^f00007]: By section 229 of the 2004 Act any jurisdiction of a residential property tribunal by or under any enactment is exercisable by a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977 (c.42).

[^f00008]: For the meaning of “single qualified member of the panel” see paragraph 6(2) to (4) of Schedule 13 to the 2004 Act.

[^f00009]: 1971 c.80.

[^f00010]: 1992 c.4. The Social Security Benefits and Contributions Act 1992 was amended by the Tax Credits Act 2002 (c.21), sections 60 and Schedule 6. There are other amendments not relevant to these Regulations.

[^f00011]: 1995 c.18. The Jobseekers Act 1995 was amended by the Welfare Reform and Pensioners Act 1999 (c.30), sections 59 and 88 and Schedules 7 and 13.

[^f00012]: 2002 c.21.

[^f00013]: 2002 c.16.

[^f00014]: 2007 c.5.

[^f00015]: See section 11(3), (4) and (6) of the Tax Credits Act 2002.

[^f00016]: See section 8 of the Tax Credits Act 2002.

[^f00017]: S.I. 2005/1509.

[^f00018]: S.I. 2006/830.

[^f00019]: S.I. 2006/831.

[^f00020]: See section 262 of the 2004 Act for the definition of “occupier”.

[^f00021]: See section 73(1) of the 2004 Act for the definition of “the appropriate person”.

[^f00022]: See section 262 of 2004 Act for the definition of “occupier”.

[^f00023]: See section 96(10) of 2004 Act for the definition of “appropriate person”.

[^f00024]: See section 130(11) of the 2004 Act for the definition of “relevant landlord”.

[^f00025]: See section 132(4)(c) of the 2004 Act for the definition of “relevant proprietor”.

[^f00026]: Sections 269, 272 and 317 of the 1985 Act were amended by section 48 of the 2004 Act.

[^f00027]: Section 269A of the 1985 Act was inserted by paragraph 15 of Schedule 15 to the 2004 Act.

[^f00028]: See section 322 of the 1985 Act, which defines “owner” in relation to premises. Section 322 was amended by section 65(1) of, and paragraph 26 of Schedule 15 to, the 2004 Act.

[^f00029]: Section 318 of the 1985 Act was amended by section 48 of the 2004 Act.

[^f00030]: See section 322 of the 1985 Act which defines “owner” in relation to premises.

[^f00031]: S.I. 2005/1509.

[^f00032]: S.I. 2006/830.

[^f00033]: S.I. 2006/831.

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