PART 3Private rented housing

Enforcement of repairing standard

26Procedure for third party applications

I21

In paragraph 1 of schedule 2 to the 2006 Act (notification)—

a

in sub-paragraph (1), for “a tenant's application” substitute “ an application ”,

b

in sub-paragraph (2), for “either party” substitute “ the landlord or the tenant ”,

c

in sub-paragraph (3), for “both parties” substitute “ the landlord and the tenant ”, and

d

after sub-paragraph (3), insert—

4

In the case of an application under section 22(1A), the committee must, in addition to carrying out the matters mentioned in sub-paragraphs (1) to (3)—

a

serve on the third party applicant a notice containing the matters mentioned in sub-paragraph (1)(a) to (c),

b

if the committee thinks fit following a request of the third party applicant, change the day specified for the purposes of sub-paragraph (1)(c),

c

notify—

i

the third party applicant of any change under sub-paragraph (2)(b),

ii

the landlord and the tenant of any change under paragraph (b).

I22

In paragraph 2 of schedule 2 to the 2006 Act (inquiries)—

a

in sub-paragraph (3)(a), for “or tenant” substitute “ , the tenant or, as the case may be, third party applicant ”,

b

in sub-paragraph (3)(b), for “or tenant” substitute “ , tenant or, as the case may be, third party applicant ”,

c

in sub-paragraph (4)(a), for “in the notice served under” substitute “ in accordance with ”, and

d

in sub-paragraph (4)(b), for “in a notice served under paragraph 1(2)(b)” substitute “ in accordance with paragraph 1(2)(b) or (4)(b) ”.

I23

In paragraph 3(1) of schedule 2 to the 2006 Act (evidence), after “tenant” insert “ , third party applicant ”.

I24

In paragraph 5 of schedule 2 to the 2006 Act (expenses)—

a

after sub-paragraph (2)(b), insert—

ba

the third party applicant,

b

in sub-paragraph (2)(c), for “or tenant” substitute “ , tenant or third party applicant ”.

I25

In paragraph 6 of schedule 2 to the 2006 Act (recording and notification of decisions)—

a

in sub-paragraph (1)(a), for “a tenant's” substitute “ an ”,

b

the word “and” at the end of sub-paragraph (3)(c) is repealed, and

c

for sub-paragraph (3)(d), substitute—

d

in the case of an application under section 22(1A), the third party applicant, and

e

the local authority (unless the local authority is the third party applicant in relation to the decision).

I26

After paragraph 7(1) of schedule 2 to the 2006 Act (withdrawal of application), insert—

1A

A third party applicant may withdraw an application under section 22(1A) at any time.

I17

In paragraph 8(1) of schedule 2 to the 2006 Act (further provision on procedure), after “22(1)” insert “ and 22(1A) ”.