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The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012

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Frivolous and vexatious etc applications

42.—(1) Subject to paragraph (2), where it appears to the tribunal that an application is—

(a)frivolous;

(b)vexatious; or

(c)an abuse of process,

the tribunal may dismiss the application in whole or in part.

(2) Before dismissing an application under paragraph (1) the tribunal must give notice of its intention to do so to the applicant in accordance with paragraph (3).

(3) Any notice under paragraph (2) must state—

(a)that the tribunal is minded to dismiss the application;

(b)the grounds on which it is minded to dismiss the application;

(c)that the applicant is entitled to be heard by the tribunal on the question of whether the application should be dismissed, and

(d)the latest date by which the applicant may request to be heard by the tribunal, being not less than 14 days after the date that the notice was sent.

(4) An application may not be dismissed under paragraph (1) unless—

(a)the applicant makes no request to the tribunal before the date mentioned in paragraph (3)(c); or

(b)where the applicant makes such a request, the tribunal has heard the applicant and the respondent, or such of them as attend the hearing, on the question of the dismissal of the application.

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