The Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England only, regulate the procedure to be followed for applications made to a residential property tribunal under paragraph 11(4) of Schedule 5 (“Schedule 5”) to the Housing Act 1985 (“the Act”). That Schedule sets out exceptions to secure tenants' right to buy their home under Part 5 of the Act. The exception in paragraph 11 of Schedule 5 concerns properties particularly suitable for occupation by elderly persons. An application under paragraph 11 of Schedule 5 is the means by which a secure tenant may question the landlord’s decision that the exception in that paragraph applies to his claim to exercise the right to buy. An application must be made before the end of the period of 56 days beginning with the service of the landlord’s notice under section 124 of the Act.

Such applications were previously determined by the Secretary of State. Section 181 of the Housing Act 2004 (“the 2004 Act”) amends Schedule 5 to confer the jurisdiction, in relation to England, on a residential property tribunal. Sections 229 and 230 of the 2004 Act make provision about the constitution of tribunals and their general powers. Schedule 13 to the 2004 Act confers on the Secretary of State power to make regulations relating to the procedure of residential property tribunals and sets out the scope of those procedure regulations.

Regulation 2 defines terms used in the Regulations.

Regulation 3 sets out the overriding objective of dealing fairly and justly with applications.

Regulation 4 gives details of the information to be included with the application.

Regulation 5 makes provision in respect of the tribunal acknowledging an application and sending to the landlord copy documents and a notice specifying the date by which the landlord should reply to the tribunal.

Regulation 6 deals with the landlord’s reply, including a tribunal’s powers where a landlord fails to reply by the specified date.

Regulation 7 deals with distribution of relevant documents by the tribunal.

Regulation 8 enables a tribunal to determine an application without an oral hearing. A minimum of 28 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 determine an application without an oral hearing, or may decide that an oral hearing is appropriate.

Regulation 9 makes procedural provision in respect of directions under a tribunal’s general power in section 230(2) of the 2004 Act.

Regulations 10 and 11 deal with a tribunal’s powers to order the supply of information and documents and with failure to comply with such an order.

Regulation 12 deals with inspection of the property and its neighbourhood.

Regulation 13 enables the tribunal to hold a case management conference (which is defined to include a pre-trial review) on not less than 14 days' notice to the parties, or a shorter period if agreed by the parties.

Regulation 14 gives details of the tribunal’s remaining case management powers. Regulation 14(1)(a) allows it to extend the time specified in the Regulations for various steps in the action.

Regulations 15 deals with giving notice appointing the date, time and place of a hearing, and regulation 16 gives the tribunal power to postpone a hearing.

Regulation 17 sets out the tribunal’s powers at a hearing, and regulation 18 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 19 enables the tribunal to proceed with a hearing in the absence of a party who fails to appear.

Regulation 20 sets out how and when the tribunal will give and record decisions and reasons.

Regulation 21 provides that the tribunal shall not award costs under its powers contained in paragraph 5 of Schedule 13 to the 2004 Act without giving the party concerned the opportunity to make representations. Costs awarded may not exceed £500.

Regulation 22 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 23 makes provision as to due service of a document or notice required or authorised by the Regulations to be served. The provision includes the circumstances in which communication by fax or electronic communication, such as email, or by a private delivery service, such as Document Exchange, will be acceptable.

Regulation 24 clarifies 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 25 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 21 days to the applicant.

Regulation 26 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 27 states that irregularities by parties will not in themselves render the proceedings void.

Regulation 28 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 him to be identified.

The Housing Act 2004 (Commencement No.4 and Transitional Provisions)(England) Order 2005 brings into force sections 181, 230, and 231 of the 2004 Act, and section 229 and Schedule 13 of that Act insofar as they are not already in force. The Order contains a transitional provision which states that an application sent to the Secretary of State within the period of 56 days after the commencement date of these Regulations shall be deemed to have been sent to a residential property tribunal.