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The Housing Administration (England and Wales) Rules 2018

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CHAPTER 3Transfer of Proceedings

General power of transfer

4.23.—(1) The High Court may order housing administration proceedings which are pending in that court to be transferred to a specified hearing centre.

(2) The county court may order housing administration proceedings which are pending in that court to be transferred either to the High Court or to another hearing centre.

(3) In any case where proceedings are transferred to a county court, the transfer must be to a court which has jurisdiction to wind up the registered provider which is the subject of those proceedings.

(4) The court may order a transfer of proceedings—

(a)of its own motion; or

(b)on the application of the housing administrator; or

(c)on the application of a person appearing to the court to have an interest in the proceedings.

Proceedings commenced in the wrong court

4.24.  Where housing administration proceedings are commenced in a court which is, in relation to those proceedings, the wrong court or hearing centre, that court may order—

(a)the proceedings to be transferred to the court or hearing centre in which they ought to have been commenced;

(b)the proceedings to be continued in the court or hearing centre in which they have been commenced; or

(c)the proceedings to be struck out.

Applications for transfer

4.25.—(1) An application by the housing administrator for proceedings to be transferred must be accompanied by a report by the housing administrator.

(2) The report must set out the reasons for the transfer, and include a statement that the applicant for the housing administration order consents to the transfer, or that the applicant has been given at least 14 days’ notice of the housing administrator’s application.

(3) If the court is satisfied from the report that the proceedings can be conducted more conveniently in another court, it must order that the proceedings be transferred to that court or hearing centre.

Procedure following order for transfer

4.26.—(1) Where a court makes an order for the transfer of proceedings, it must as soon as reasonably practicable deliver to the transferee court or hearing centre a sealed copy of the order, and the file of the proceedings.

(2) A transferee court or hearing centre which receives such an order and the file in housing administration proceedings must, as soon as reasonably practicable, deliver notice of the transfer to the transferor court or hearing centre.

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