Search Legislation

The Housing Administration (England and Wales) Rules 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CHAPTER 10Extension and ending of administration

Application to extend a housing administration and extension by consent

3.38.—(1) This rule applies where a housing administrator makes an application to the court for an order, or delivers a notice to the creditors requesting their consent, to extend the housing administrator’s term of office under paragraph 76(2)(1) of Schedule B1.

(2) The application or the notice must state the reason the housing administrator is seeking an extension.

(3) A copy of the application or notice must also be delivered to the Secretary of State and the Regulator of Social Housing.

(4) A request to the creditors may contain or be accompanied by a notice that if the extension is granted a notice of the extension will be made available for viewing and downloading on a website and that no other notice will be delivered to the creditors.

(5) Where the result of a request to the creditors is to be made available for viewing and downloading on a website, the notice must comply with the requirements for use of a website to deliver documents set out in rule 7.39(2), (3) and (4) with any necessary modifications and rule 7.39(5)(a) applies to determine the time of delivery of the document.

(6) Where the court makes an order extending the housing administrator’s term of office, the housing administrator must as soon as reasonably practicable deliver a notice of the order together with the reason for seeking the extension given in the application to the court to—

(a)the creditors;

(b)the Secretary of State;

(c)the Regulator of Social Housing; and

(d)the relevant registry.

(7) Where the housing administrator’s term of office has been extended with the consent of creditors, the housing administrator must as soon as reasonably practicable deliver a notice of the extension to the persons mentioned in paragraph (6), except where paragraph (4) applies.

(8) The notices which paragraph 78(5)(b) of Schedule B1 require to be delivered must also identify the proceedings.

Notice of automatic end of administration

3.39.—(1) This rule applies where—

(a)the appointment of a housing administrator has ceased to have effect, and

(b)the housing administrator is not required by any other rule to give notice of that fact.

(2) The former housing administrator must, as soon as reasonably practicable, and in any event within five business days of the date on which the appointment has ceased, not including that date, deliver to the relevant registry, the Secretary of State and the Regulator of Social Housing, and file with the court a notice accompanied by a final progress report.

(3) The notice must be headed “Notice of automatic end of housing administration” and identify the registered provider immediately below the heading.

(4) The notice must contain—

(a)identification details for the proceedings;

(b)the former housing administrator’s name and address;

(c)a statement that that person had been appointed housing administrator of the registered provider;

(d)the date of the appointment;

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

(f)a statement that the appointment has ceased to have effect;

(g)the date on which the appointment ceased to have effect; and

(h)a statement that a copy of the final progress report accompanies the notice.

(5) The notice must be authenticated by the housing administrator and dated.

(6) A copy of the notice and accompanying final progress report must be delivered as soon as reasonably practicable to—

(a)the Secretary of State;

(b)the Regulator of Social Housing;

(c)the relevant officers of the registered provider; and

(d)all other persons to whom notice of the housing administrator’s appointment was delivered.

(7) A former housing administrator who fails to comply with this rule 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.

Application for an order ending housing administration

3.40.—(1) An application to the court under paragraph 79 of Schedule B1 for an order ending a housing administration must be accompanied by—

(a)a progress report for the period since—

(i)the last progress report (if any), or

(ii)if there has been no previous progress report, the date on which the registered provider entered housing administration; and

(b)a statement indicating what the housing administrator thinks should be the next steps for the registered provider (if applicable).

(2) Where an application to the court is made—

(a)the applicant must, at least five days before the application is filed, deliver notice of the applicant’s intention to apply to court to all the creditors; and

(b)the application must be accompanied by—

(i)a statement that notice has been delivered to the creditors; and

(ii)copies of any response from creditors to that notice.

Notice of court order ending housing administration

3.41.  Where the court makes an order ending the housing administration, the applicant must as soon as reasonably practicable deliver a copy of the order and of the final progress report to—

(a)the Secretary of State, unless the Secretary of State was the applicant;

(b)the Regulator of Social Housing, unless the Regulator of Social Housing was the applicant;

(c)the housing administrator, unless the housing administrator was the applicant;

(d)the relevant registry;

(e)the relevant officers of the registered provider; and

(f)all other persons to whom notice of the housing administrator’s appointment was delivered.

Moving from housing administration to creditors’ voluntary winding up

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.

Moving from housing administration to dissolution

3.43.—(1) This rule applies where the housing administrator delivers to the relevant registry a notice under paragraph 84(1) of Schedule B1 of moving from housing administration to dissolution.

(2) The notice must identify the proceedings.

(3) As soon as reasonably practicable after sending the notice, the housing administrator must deliver a copy of the notice to all persons to whom notice of the housing administrator’s appointment was delivered (in addition to the creditors mentioned in paragraph 84(5)(b)).

(4) A final progress report must accompany the notice to the relevant registry and also every other copy filed or otherwise delivered.

(5) Where a court makes an order under paragraph 84(7) of Schedule B1 it must, where the applicant is not the housing administrator, deliver a copy of the order to the housing administrator.

(6) The housing administrator must deliver a copy of the order to the relevant registry with the notice required by paragraph 84(8).

(1)

Paragraph 76 was amended by section 127 of the Small Business, Enterprise and Employment Act 2015.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources