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

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Applications made under the 1985 Act

Applications relating to demolition orders

45.—(1) This paragraph applies to an application under section 269(1) of the 1985 Act(1) (appeal by person aggrieved by demolition order).

(2) The specified documents are—

(a)a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it); and

(b)the statement of reasons; and

(c)where the ground or one of the grounds of the application is that one of the courses of action mentioned in section 269A(2)(2) of the 1985 Act is the best course of action in relation to the hazard, a statement identifying that course of action with the applicant’s reasons for considering it the best course.

(3) The specified respondent is the LHA.

46.—(1) This paragraph applies to an application under section 272(1) or (2)(a) of the 1985 Act (application in connection with recovery of LHA’s expenses in executing demolition order under section 271 of the 1985 Act including determination of contributions by joint owners).

(2) The specified documents are—

(a)a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it);

(b)the statement of reasons; and

(c)a statement of—

(i)the expenses incurred by the LHA under section 271 of the 1985 Act (execution of demolition order);

(ii)the amount (if any) realised by the sale of materials; and

(iii)the amount the LHA seeks to recover from an owner of the premises.

(3) The specified respondent is the owner of the premises(3).

47.—(1) This paragraph applies to an application under section 272(2)(b) of the 1985 Act (application by owner of premises for determination of contribution to LHA’s expenses to be paid by another owner).

(2) The specified documents are—

(a)a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it);

(b)the statement of reasons; and

(c)a statement of—

(i)the owners' respective interests in the premises; and

(ii)their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

(3) The specified respondent is the owner from whom the applicant seeks a contribution to the LHA’s expenses.

48.—(1) This paragraph applies to an application under section 317(1) of the 1985 Act (application by lessor or lessee of premises in respect of which demolition order has become operative, for an order varying or determining lease).

(2) The specified documents are—

(a)a copy of the demolition order made under section 265 of the 1985 Act (including any schedule to it);

(b)the statement of reasons;

(c)a copy of the relevant lease; and

(d)a statement of the name and address of any other party to the lease and of any party to an inferior lease.

(3) The specified respondent is the other party to the lease.

Applications relating to work on unfit premises

49.—(1) This paragraph applies to an application under section 318(1)(4) of the 1985 Act (application by person with interest in premises for authorisation by tribunal of execution of works on unfit premises or for improvement).

(2) The specified documents are—

(a)details of the work which the applicant proposes to carry out including—

(i)names and addresses of proposed contractors where relevant;

(ii)an estimate of the costs of the work; and

(iii)a timetable for starting and completing the work;

(b)where the application is made on the ground mentioned in section 318(1)(b) of the 1985 Act, details of—

(i)the scheme of improvement or reconstruction which the applicant wishes to carry out; and

(ii)the LHA’s approval of the scheme;

(c)a statement of the financial standing of the applicant including disclosure of funds available to meet the estimated costs of the work; and

(d)where the application includes a request for an order determining a lease held from the applicant or a derivative lease, a copy of that lease.

(3) The specified respondents are—

(a)the person with a right to possession of the premises;

(b)the owner of the premises(5).

(1)

Sections 269, 272 and 317 of the 1985 Act were amended by section 48 of the 2004 Act.

(2)

Section 269A of the 1985 Act was inserted by paragraph 15 of Schedule 15 to the 2004 Act.

(3)

See section 322 of the 1985 Act, which defines “owner” in relation to premises. Section 322 was amended by section 65(1) of, and paragraph 26 of Schedule 15 to, the 2004 Act.

(4)

Section 318 of the 1985 Act was amended by section 48 of the 2004 Act.

(5)

See section 322 of the 1985 Act which defines “owner” in relation to premises.

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