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The Housing Administration (England and Wales) Rules 2018

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Moving from housing administration to creditors’ voluntary winding up

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3.42.—(1) This rule applies where the housing administrator delivers to the relevant registry a notice under paragraph 83(3) of Schedule B1 of moving from housing administration to creditors’ voluntary winding up.

(2) The notice must contain—

(a)identification details for the proceedings;

(b)the name of the person who made the housing administration application; and

(c)the name and IP number of the proposed liquidator.

(3) The notice to the relevant registry must be accompanied by a copy of the housing administrator’s final progress report.

(4) A copy of the notice and the final progress report must be sent as soon as reasonably practicable after delivery of the notice to all those persons to whom notice of the housing administrator’s appointment was delivered in addition to the creditors (as required by paragraph 83(5)(b) of Schedule B1).

(5) The person who ceases to be housing administrator on the registration of the notice must inform the person who becomes liquidator of anything which happens after the date of the final progress report and before the registration of the notice which the housing administrator would have included in the final report had it happened before the date of the report.

(6) For the purposes of paragraph 83(7)(a) of Schedule B1, a person is nominated as liquidator in accordance with rule 3.8(4) or 3.11(1)(f)(iii) and that person’s appointment takes effect following registration under paragraph (1) of this rule—

(a)by virtue of the housing administrator’s proposals or revised proposals; or

(b)following a decision sought by the housing administrator under rule 3.28(2).

(7) Where the creditors nominate a different person, the nomination must, where applicable, include the declaration required by section 231 of the Act.

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