The Residential Property Tribunal Procedure (England) Regulations 2006

Applications relating to selective licensing of other residential accommodation

23.—(1) This paragraph applies to an application under section 86(7) of the Act (appeal against refusal by the LHA to serve a temporary exemption notice).

(2) The specified documents are—

(a) a copy of the notification to the LHA under section 86(1) of the Act; and

(b) a copy of the LHA’s decision notice under section 86(6) of the Act.

(3) The specified respondent is the LHA.

24.—(1) This paragraph applies to an application under section 96(5) of the Act (application by LHA or occupier for a rent repayment order).

(2) The specified documents are—

(a) where the application is made by the LHA—

(i) a copy of the notice of intended proceedings under section 96(7);

(ii) a copy of any representation received in respect of the notice;

(iii) either—

(aa) a statement containing the details relied on in making the allegation that an offence under section 95(1) of the Act was committed; or

(bb) where the LHA relies on the provisions of section 97 of the Act, proof that the appropriate person has been convicted of an offence under section 95(1) of the Act; and

(iv) a document showing the housing benefit paid by the LHA in connection with occupation of the premises during the period in which it is alleged such an offence was committed; or

(b) where the application is made by an occupier—

(i) evidence that the appropriate person has been convicted of an offence under section 95(1) of the Act or has been required by a rent repayment order to make a payment in respect of housing benefit; and

(ii) evidence that the occupier has paid periodical payments in respect of occupation of the premises for a period during which it is alleged that such an offence was being committed.

(3) The specified respondent is the appropriate person(1).

25.—(1) This paragraph applies to an application under paragraph 31 of Schedule 5 to the Act (appeal against decision by LHA to grant or refuse licence under Part 3 or relating to terms of licence).

(2) The specified documents are—

(a) where the application relates to the grant or terms of a licence—

(i) a copy of the LHA’s notices under paragraphs 1 and 7 of Schedule 5, and of any notice under paragraph 3 of that Schedule; and

(ii) a copy of the licence; and

(b) where the application relates to a refusal to grant a licence, a copy of the LHA’s notices under paragraphs 5 and 8 of that Schedule.

(3) The specified respondent is the LHA.

26.—(1) This paragraph applies to an application under paragraph 32(1) of Schedule 5 to the Act (appeal by licence holder or relevant person against decision by LHA relating to variation or revocation of licence).

(2) The specified documents are—

(a) where the application relates to a decision to vary a licence, a copy of the LHA’s notices under paragraphs 14 and 16 of Schedule 5;

(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 any case a copy of the licence.

(3) The specified respondent is the LHA.

(1)

See section 73(1) of the Act for the definition of “the appropriate person”.