The Residential Property Tribunal (Fees) (Wales) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the payment of fees in respect of appeals and applications to residential property tribunals. They apply in relation to appeals and applications of any of the descriptions specified in regulation 3 that are made after 23 June 2006 in relation to premises in Wales.

Regulations 3 and 4 require a fee of £150 to be paid when an appeal or application is made to a tribunal relating to–

the refusal of a local housing authority to approve the use of premises where a prohibition order under Part 1 of the Housing Act 2004 (“the Act”) is in place in relation to those premises;

the refusal of a local housing authority to grant a temporary exemption notice in relation to a house in multiple occupation which is subject to compulsory licensing under Part 2 of the Act;

the refusal of a local housing authority to grant a temporary exemption notice in relation to premises which are subject to selective licensing under Part 3 of the Act;

a local housing authority’s making of, or refusal to revoke or vary, an improvement notice under Part 1 of the Act;

a local housing authority’s making of, or refusal to revoke or vary, a prohibition order under Part 1 of the Act;

the level of expenses demanded by a local housing authority in respect of works it has carried out where an improvement notice has not been complied with;

a local housing authority’s grant or refusal to grant a licence under Part 2 or 3 of the Act and its decision (or refusal) to revoke or vary such a licence;

a local housing authority’s grant of, or the terms of, an interim or final management order under Part 4 of the Act, and its decision (or refusal) to revoke or vary such an order;

a local housing authority’s grant of, or the terms of, a final empty dwelling management order under Part 4 of the Act, and its decision (or refusal) to revoke or vary such an order;

compensation payable to a third party where a management order is made under Part 4 of the Act;

the grant of a demolition order under Part 9 of the Housing Act 1985;

an application to carry out works to unfit premises under Part 9 of the Housing Act 1985.

A fee is not payable where the grounds for appeal against a management order includes failure to deal with payment to deal with specified matters, for example, payment of surplus rents.

Regulation 5 provides for the appellant or applicant to be liable for payment of the fee and for the fee to be waived where the appellant or applicant or the partner of the appellant or applicant is in receipt of specified benefits.

Regulation 6 sets out the circumstances in which the tribunal may order one party to an appeal or application to reimburse any fees incurred under regulation 3 by another party.

A regulatory appraisal has been carried out in connection with these Regulations and is available from the Private Sector Unit, Department for Social Justice and Regeneration, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ (telephone [phone]; email [e-mail]).