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PART 3PROCESS OF HOUSING ADMINISTRATION

CHAPTER 4Housing Administrator’s reports

Reporting by the housing administrator

3.12.  The housing administrator must prepare and deliver reports in accordance with this Chapter.

Progress reports

3.13.—(1) The housing administrator must prepare a progress report covering the periods of—

(a)six months starting on the date the registered provider entered housing administration; and

(b)each subsequent period of six months.

(2) The periods for which progress reports are required under paragraph (1) are unaffected by any change in the housing administrator.

(3) However where a housing administrator ceases to act, the succeeding housing administrator must, as soon as reasonably practicable after being appointed, deliver a notice to the creditors of any matters about which the succeeding housing administrator thinks the creditors should be informed.

(4) The housing administrator must deliver a copy of a progress report to the relevant registry and the creditors within one month of the end of the period covered by the report unless the report is a final progress report under rule 3.15.

(5) A housing administrator who makes default in delivering a progress report within the time limit in paragraph (4) is guilty of an offence and liable to a fine and, for continued contravention, to a daily default fine as set out in Schedule 1.

Contents of progress reports

3.14.—(1) The housing administrator’s progress reports must contain the following—

(a)identification details for the proceedings;

(b)identification details for the registered provider;

(c)identification and contact details for the housing administrator;

(d)the date of appointment of the housing administrator and any changes in the housing administrator in accordance with paragraphs (2) and (3);

(e)details of progress during the period of the report, including a summary account of receipts and payments during the period of the report;

(f)the information relating to distributions required by rule 5.43, if any;

(g)details of what remains to be done to bring the housing administration to an end; and

(h)any other information of relevance to the creditors.

(2) A change in the housing administrator is only required to be shown in the next report after the change.

(3) However if the current housing administrator is seeking the repayment of pre-administration expenses from a former housing administrator the change in the housing administrator must continue to be shown until the next report after the claim is settled.

Final progress report

3.15.  “Final progress report” means a progress report which must contain an account of the housing administrator’s administration including—

(a)a summary of the housing administrator’s proposals;

(b)any major amendments to, or deviations from, those proposals;

(c)the steps taken during the administration;

(d)a statement as to the amount paid to unsecured creditors by virtue of section 176A of the Act; and

(e)the outcome.

Information about pre-administration costs

3.16.—(1) Where the housing administrator has made a statement of pre-administration costs under rule 3.8(10)(a)—

(a)if they are approved under rule 6.11, the first progress report after the approval must include a statement setting out the date of approval and the amounts approved;

(b)while any of the costs remain unapproved each successive report must include a statement of any steps taken to obtain approval.

(2) However if either the housing administrator has decided not to seek approval, or another insolvency practitioner entitled to seek approval has told the housing administrator of that practitioner’s decision not to seek approval then—

(a)the next report after that must include a statement of whichever is the case, and

(b)no statement under paragraph (1)(b) is required in subsequent reports.