The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2016

Made: 15 November 2016

Coming into force: 23 November 2016

In accordance with section 250(6)(g) of that Act a draft of these Regulations has been laid before and approved by a resolution of the National Assembly for Wales.

PART 1 — GENERAL

Title, commencement and application

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• (1) The title of these Regulations is the Residential Property Tribunal Procedures and Fees (Wales) Regulations 2016 and they come into force on 23 November 2016.

• (2) These Regulations apply to proceedings of residential property tribunals for determining applications in respect of premises in Wales.

Interpretation

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In these Regulations—

• “the 1985 Act” (“Deddf 1985”) means the Housing Act 1985[^f00003];

• “the 2004 Act” (“Deddf 2004”) means the Housing Act 2004[^f00004];

• “the 2013 Act” (“Deddf 2013”) means the Mobile Homes (Wales) Act 2013[^f00005];

• “the 2014 Act” (“Deddf 2014”) means the Housing (Wales) Act 2014[^f00006];

• “the 2015 Act” (“Deddf 2015”) means the Consumer Rights Act 2015[^f00007]

• “application” (“cais”) means an application or appeal to a tribunal under—Part 9 of the 1985 Act;the 2004 Act;the 2013 Act (including any application made following the transfer of any matter arising from an application to the court made under that Act);the Site Rules Regulations[^f00008];sections 17(4), 27(1), 30, 31 and 32 of the 2014 Act; orthe 2015 Act,and “applicant” (“ceisydd”) bears a corresponding meaning;

• “appropriate person” (“person priodol”) has the same meaning as in section 73(10) of the 2004 Act;

• “case management conference” (“cynhadledd rheoli achos”) means a pre-trial review or any other meeting held by a tribunal for the purpose of managing the proceedings in respect of an application;

• “dwelling” (“annedd”) has the same meaning as in section 322 of the 1985 Act except in relation to any application made under the 2014 Act in which case it has the same meaning as in section 2(1) of the 2014 Act;

• “dwelling-house” (“tŷ annedd”) has the same meaning as in section 183 of the 1985 Act;

• “EDMO” (“GRhAG”) means an empty dwelling management order and it has the same meaning as in section 132 of the 2004 Act;

• “IMO authorisation application” (“cais am awdurdodiad GRhI”) means an application for authorisation to make an interim management order under section 102(4) or (7) of the 2004 Act;

• “interested person” (“person â buddiant”) means in relation to a particular application—a person other than the applicant who would have been entitled under the 2004 Act or the 1985 Act (as the case may be) to make the application;a person to whom notice of the application must be given by the applicant in accordance with the following provisions of the 2004 Act—paragraph 11(2) of Schedule 1; orparagraph 14(2) of Schedule 3;a person to whom the tribunal must give the opportunity of being heard in accordance with the following provisions—section 34(4) of the 2004 Act; orsection 317(2) of the 1985 Act;except the LHA, where it is not a party to the application in relation to an application made under Part 4 of, or Schedule 2 to, the 2013 Act;the person to whom the occupier wants to sell or gift a mobile home under paragraphs 9 to 13 of Chapter 2 of Part 1 of Schedule 2 to the 2013 Act;the person to whom the occupier wants to assign a pitch under paragraphs 41(1)(a) or 41(1)(b) of Chapter 4 of Part 1 of Schedule 2 to the 2013 Act;a qualifying residents’ association;in relation to an application under Part 2 of the 2013 Act, where applicable, the site owner or the site manager, where that person is not a party to the application;

• “landlord” (“landlord”), for the purposes of applications under sections 17(4), 27(1), 30 or 32 of the 2014 Act, has the same meaning as in section 2(1) of that Act;

• “letting agent” (“asiant gosod”), in respect of an application made under the 2015 Act, has the same meaning as in section 84 of the 2015 Act;

• “LHA” (“ATLl”) means a local housing authority;

• “licensing authority” (“awdurdod trwyddedu”) has the same meaning as in section 49(1) of the 2014 Act;

• “local weights and measures authority” (“awdurdod pwysau a mesurau lleol”) in respect of an application made under the 2015 Act, has the same meaning as in section 69(2) of the Weights and Measures Act 1985;

• “mobile home” (“cartref symudol”) has the same meaning as in section 60 of the 2013 Act;

• “occupier” (“meddiannydd”) means, in respect of an application made under the 2013 Act, the person entitled to station the mobile home on land forming part of the protected site and to occupy the mobile home as that person’s only or main residence under an agreement to which the 2013 Act applies;

• “pitch” (“llain”) has the same meaning as is given in section 55 of the 2013 Act;

• “premises” (“mangre”) means—in any application except an application made under the 2013 Act, the Site Rules Regulations or the 2015 Act, the dwelling or building to which the application relates;in any application made under the 2013 Act or the Site Rules Regulations, the pitch, protected site or mobile home to which the application relates; andin an application made under the 2015 Act, any premises at which the letting agency fee, to which an application relates, should have been publicised;

• “protected site” (“safle gwarchodedig”) has the same meaning as in section 2(2) of the 2013 Act;

• “qualifying residents’ association” (“cymdeithas trigolion gymwys”) means an association that meets the requirements set out in section 61 of the 2013 Act;

• “the respondent” (“yr ymatebydd”) means, in respect of each application to which a paragraph of the Schedule to these Regulations applies, the person or persons, or one of the persons, specified in sub-paragraph (3) of that paragraph;

• “site owner” (“perchennog safle”) in relation to a protected site, has the same meaning as “owner” in section 62 of the 2013 Act;

• “the Site Rules Regulations” (“y Rheoliadau Rheolau Safle”) means the Mobile Homes (Site Rules) (Wales) Regulations 2014;

• “statement of reasons” (“datganiad o resymau”) means a statement of reasons prepared by the LHA under section 8 of the 2004 Act (reasons for decision to take enforcement action);

• “tribunal” (“tribiwnlys”) means a residential property tribunal, and “the tribunal” (“y tribiwnlys”) in relation to an application means the tribunal by which the application is to be determined; and

• “universal credit” (“credyd cynhwysol”) has the same meaning as in section 1 of the Welfare Reform Act 2012[^f00009].

PART 2 — Residential Property Tribunal Procedures

The overriding objective and parties’ obligation to co-operate with the tribunal

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• (1) When a tribunal—

• (a) exercises any power under these Regulations; or

• (b) interprets any regulation of these Regulations,

it must seek to give effect to the overriding objective of dealing fairly and justly with applications which it is to determine.

• (2) Dealing with an application fairly and justly includes—

• (a) dealing with it in ways which are proportionate to the complexity of the issues and to the resources of the parties;

• (b) ensuring, so far as practicable, that the parties are on an equal footing procedurally and are able to participate fully in the proceedings;

• (c) assisting any party in the presentation of the party’s case without advocating the course the party should take;

• (d) using the tribunal’s special expertise effectively; and

• (e) avoiding delay, so far as is compatible with proper consideration of the issues.

• (3) Parties must—

• (a) help the tribunal to seek to give effect to the overriding objective; and

• (b) co-operate with the tribunal generally.

Request for extension of time to make an application

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• (1) This regulation applies where a person makes a request to a tribunal for permission to make an application after the end of the period stipulated in the 2004 Act, the 2013 Act, the 2014 Act, the 2015 Act or the Site Rules Regulations as the period within which the application must be made.

• (2) A request to which this regulation applies must—

• (a) be in writing;

• (b) give reasons for the failure to make the application before the end of that period and for any delay since then;

• (c) include a statement that the person making the request believes that the facts stated in it are true; and

• (d) be dated and signed.

• (3) Where a request mentioned in paragraph (1) is made, the applicant must at the same time send the completed application to which the request relates to the tribunal.

• (4) A single qualified member of the panel may grant or refuse a request made under paragraph (1).

Limit on the number of pitches, mobile homes or references on a single application under the 2013 Act

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• (1) Where an application to a tribunal to determine any question arising under the 2013 Act relates to more than one pitch or mobile home, the application may refer to only one provision of the 2013 Act.

• (2) No application to a tribunal to determine any question arising under the 2013 Act may relate to more than 20 pitches or mobile homes.

Particulars of application

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• (1) An application must be in writing and must contain the following particulars—

• (a) the name and address of the applicant;

• (b) the name and address of the respondent where known to the applicant or, where not known, a description of the respondent’s connection with the premises;

• (c) the address of the premises;

• (d) the applicant’s connection with the premises;

• (e) the applicant’s reasons for making the application including the remedy sought;

• (f) where known to the applicant, the name and address of any interested person;

• (g) a statement that the applicant believes that the facts stated in the application are true;

• (h) be dated and signed; and

• (i) in respect of each application to which a paragraph in the Schedule to these Regulations applies, the documents specified in sub-paragraph (2) of that paragraph.

• (2) Any of the requirements contained in paragraph (1) may be dispensed with or relaxed if the tribunal is satisfied that—

• (a) the particulars and documents contained in an application are sufficient to establish that the application is one which may be made to a tribunal; and

• (b) no prejudice will be, or is likely to be, caused to any party to the application as a result of such dispensation or relaxation.

• (3) A single qualified member of the panel may exercise the power conferred by paragraph (2).

Applications following transfer of application made under the 2013 Act from the court to a tribunal

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• (1) Where a court transfers to a tribunal any matter arising from an application to the court made under the 2013 Act, the applicant must, in addition to complying with the requirements contained in regulation 6(1), include in the application a copy of the court order by which the matter was transferred.

• (2) The tribunal may dispense with or relax any of the requirements contained in paragraph (1) if the tribunal is satisfied that it has received sufficient particulars and documents from the court to establish that the application is one which may be made to a tribunal.

• (3) A single qualified member of the panel may exercise the power conferred by paragraph (2).

Acknowledgement and notification of application by tribunal

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• (1) As soon as practicable after receiving the application, the tribunal must send an acknowledgement of receipt to the applicant, and send a copy of the application and of each document accompanying it to the respondent.

• (2) Except in a case to which regulation 10 applies, the tribunal must also send to the respondent a notice—

• (a) specifying the date by which the respondent must send the reply mentioned in regulation 9;

• (b) specifying that any response must include—

• (i) a statement as to whether or not the respondent intends to oppose the application;

• (ii) where not already included in the application, the name and address of each interested person known to the respondent; and

• (iii) the address to which documents should be sent for the purposes of the proceedings; and

• (c) warning the respondent that if the respondent does not respond by the date specified, and with the information specified the tribunal may—

• (i) assume that the respondent does not intend to oppose the application; and

• (ii) proceed with the matter in any way it considers to be reasonable in the circumstances of the case.

• (3) The date specified in the notice referred to in paragraph (2) must not be less than 14 days after the date specified in the notice as the date on which it was made.

Reply by respondent

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• (1) Where a respondent receives the notice mentioned in regulation 8(2), the respondent must by the date specified in the notice send to the tribunal a written reply acknowledging receipt of the copy documents sent in accordance with regulation 8(1) and provide the information required under regulation 8(2).

• (2) Where the respondent fails to respond by the date specified in the notice mentioned in regulation 8(2) or fails to provide the information required under that paragraph, the tribunal may proceed with the matter in any way it considers to be reasonable in the circumstances of the case.

Urgent IMO authorisation applications

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• (1) This regulation applies where the LHA requests a tribunal to deal with an IMO authorisation application as a matter of urgency.

• (2) Where it appears to the tribunal, on the basis of information accompanying the application, that the exceptional circumstances mentioned in paragraph (3) exist, it must order that an oral hearing (an “urgent oral hearing”) be held.

• (3) The exceptional circumstances are that—

• (a) there is an immediate threat to the health and safety of the occupiers of the house or to persons occupying or having an estate or interest in any premises in the vicinity of the house; and

• (b) by making the interim management order as soon as possible (together where applicable with such other measures as the LHA intends to take) the LHA will be able to take immediate appropriate steps to stop or significantly reduce the threat.

• (4) The tribunal must as soon as practicable notify the parties and each interested person whose name and address have been notified to it—

• (a) that the application is being dealt with as a matter of urgency under this regulation;

• (b) of the reasons why it appears to the tribunal that the exceptional circumstances exist;

• (c) of any requirement to be satisfied by a party before the hearing; and

• (d) of the date on which the urgent oral hearing will be held.

• (5) The date of the hearing must be not less than 4 days, and not more than 10 days, after the date that notification of the urgent oral hearing is sent.

• (6) At the urgent oral hearing the tribunal must—

• (a) if it is satisfied upon hearing evidence that the exceptional circumstances do exist, determine the application; or

• (b) if it is not so satisfied—

• (i) adjourn the hearing; and

• (ii) give such directions as it considers appropriate.

• (7) A single qualified member of the panel may—

• (a) exercise the power conferred by paragraph (2); and

• (b) decide the date of the urgent oral hearing.

• (8) Where the tribunal orders an urgent oral hearing under paragraph (2) the notice provisions contained in the following regulations do not apply to the application—

• (a) regulation 23(5) (notice for an inspection); and

• (b) regulation 27(2) and (4) (notice of hearing).

Applications under the 2013 Act relating to detrimental effect of mobile homes on the amenity of the site

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• (1) This regulation applies where a site owner applies for a determination by a tribunal under paragraph 7(1)(a) of Chapter 2, or paragraph 40(1)(a) of Chapter 4, of Part 1 of Schedule 2 to the 2013 Act that, having regard to its condition, a mobile home is having a detrimental effect on the amenity of the site.

• (2) Where, in the course of a hearing, the tribunal considers that the mobile home is having a detrimental effect on the amenity of the site, but that if certain repairs to the mobile home were carried out, the mobile home would cease to have such a detrimental effect, it must—

• (a) inform the site owner and the occupier of the repairs which the tribunal considers should be carried out;

• (b) invite both the occupier of the mobile home and the site owner to indicate in relation to those repairs—

• (i) the time needed to carry them out; and

• (ii) the cost of carrying them out; and

• (c) invite the occupier of the mobile home to indicate whether or not the occupier would be willing to carry out those repairs.

• (3) The tribunal, having regard to any indications given under paragraph (2)(b) and (c) must either—