The Housing Administration (England and Wales) Rules 2018

CHAPTER 9 Expenses of the Housing Administration

Expenses

3.36.—(1) All fees, costs, charges and other expenses incurred in the course of the housing administration are to be treated as expenses of the housing administration.

(2) The expenses associated with the prescribed part must be paid out of the prescribed part.

(3) The cost of the security required by section 390(3) of the Act for the proper performance of a housing administrator’s functions is an expense of the housing administration.

(4) For the purposes of paragraph 99(3) of Schedule B1, the former housing administrator’s remuneration and expenses comprise all the items in rule 3.37.

Order of priority

3.37.—(1) The expenses of housing administration are payable in the following order of priority, subject to an order of the court under paragraph (2)—

(a) expenses properly incurred by the housing administrator in performing the housing administrator’s functions;

(b) the cost of any security provided by the housing administrator in accordance with the Act or these rules;

(c) the costs of the applicant and any person appearing at the hearing of the application for a housing administration order whose costs were allowed by the court;

(d) any amount payable to a person in respect of assistance in the preparation of a statement of affairs or statement of concurrence;

(e) any allowance made by order of the court in respect of the costs on an application for release from the obligation to submit a statement of affairs or deliver a statement of concurrence;

(f) any necessary disbursements by the housing administrator incurred in the course of the administration;

(g) the remuneration or emoluments of any person who has been employed by the housing administrator to perform any services for the registered provider, as required or authorised under the Act or these Rules;

(h) the housing administrator’s remuneration the basis of which has been fixed under Part 6 and unpaid pre-administration costs approved under rule 6.11;

(i) the amount of any tax payable on chargeable gains accruing on the realisation of any asset of the registered provider (irrespective of the person by whom the realisation is effected).

(2) If the assets are insufficient to satisfy the liabilities, the court may make an order as to the payment out of the assets of the expenses incurred in the housing administration in such order of propriety as it thinks just.