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

Applications relating to HMO licensing

12.—(1) This paragraph applies to an application under section 62(7) of the 2004 Act (appeal against refusal by LHA to serve a temporary exemption notice).

(2) The specified documents are—

(a) a copy of the notification to the LHA under section 62(1) of the 2004 Act; and

(b) a copy of the LHA’s decision notice under section 62(6) of the 2004 Act.

(3) The specified respondent is the LHA.

13.—(1) This paragraph applies to an application under section 73(5) of the 2004 Act (application by LHA or occupier for rent repayment order).

(2) The specified documents are—

(a) where the application is made by the LHA—

(i) a copy of the notice of intending proceedings under section 73(7) of the 2004 Act;

(ii) a copy of any representation received in respect of the notice;

(iii) either—

(aa) a statement containing the details relied on in making the allegation that an offence under section 72(1) of the 2004 Act was committed; or

(bb) where the LHA relies on the provisions of section 74 of the 2004 Act, proof that the appropriate person has been convicted of an offence under section 72(1) of the 2004 Act; and

(iv) a document showing the housing benefit paid by the LHA in connection with occupation of the premises during the period in which it is alleged such an offence was committed;

(b) where the application is made by an occupier(1)—

(i) evidence that the appropriate person has been convicted of an offence under section 72(1) of the 2004 Act or has been required by a rent repayment order to make a payment in respect of housing benefit; and

(ii) evidence that the occupier has paid periodical payments in respect of occupation of the premises during a period in which it is alleged that such an offence was being committed.

(3) The specified respondent is the appropriate person(2).

14.—(1) This paragraph applies to an application under section 255(9) of the 2004 Act (appeal against decision of LHA to serve an HMO declaration).

(2) The specified document is a copy of the HMO declaration.

(3) The specified respondent is the LHA.

15.—(1) This paragraph applies to an application under section 256(4) of the 2004 Act (appeal against decision of LHA to refuse to revoke an HMO declaration).

(2) The specified documents are—

(a) a copy of the HMO declaration; and

(b) a copy of the LHA’s notice of decision not to revoke the HMO declaration.

(3) The specified respondent is the LHA.

16.—(1) This paragraph applies to an application under paragraph 31(1) of Schedule 5 to the 2004 Act (appeal against decision by LHA to grant, or refuse to grant, a licence under Part 2 of the 2004 Act, or against any of the terms of the licence).

(2) The specified documents are—

(a) where the application relates to the grant or terms of a licence—

(i) a copy of the LHA’s notices under paragraphs 1 and 7 of Schedule 5 to the 2004 Act, and of any notice under paragraph 3 of that Schedule; and

(ii) a copy of the licence; and

(b) where the application relates to a refusal to grant a licence, a copy of the LHA’s notices under paragraphs 5 and 8 of that Schedule.

(3) The specified respondent is the LHA.

17.—(1) This paragraph applies to an application under paragraph 32(1) of Schedule 5 to the 2004 Act (appeal by licence holder or any relevant person against decision by LHA with regard to the variation or revocation of licence).

(2) The specified documents are—

(a) where the application relates to a decision to vary a licence, a copy of the LHA’s notices under paragraphs 14 and 16 of Schedule 5 to the 2004 Act;

(b) where the application relates to refusal to vary a licence, a copy of the LHA’s notices under paragraphs 19 and 21 of that Schedule;

(c) where the application relates to a decision to revoke a licence, a copy of the LHA’s notices under paragraphs 22 and 24 of that Schedule;

(d) where the application relates to refusal to revoke a licence, a copy of the LHA’s notices under paragraphs 26 and 28 of that Schedule; and

(e) in all cases a copy of the licence.

(3) The specified respondent is the LHA.

(1)

See section 262 of the 2004 Act for the definition of “occupier”.

(2)

See section 73(1) of the 2004 Act for the definition of “the appropriate person”.